Providing & Spreading metal at switchyard and misc. civil works at switch yard in power house at GTPS

1. SECTION-A:

 ACKNOWLEDGEMENT OF TENDER FEE /EMD.

 TENDER NOTICE.

2. SECTION-B:

 DECLARATION FORM CUM UNDER TAKING TO

BE SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE TENDERER

3. SECTION-C:

 GENERAL CONDITIONS OF CONTRACT

4. SECTION-D:

 TERMS AND CONTRACT FOR WORKS

 GENERAL SAFETY RULES & LIST OF SAFETY

5. SECTION-E :

 PERFORMA FOR BANK GUARANTEE

 INTEGRITY PACT

 CERTIFICATE – A

 ANNEXURE – I (DETAILS OF BANK FOR

SOLVEANCY & BG)

6. SECTION-F:

 SPECIAL CONDITIONS FOR USE OF CEMENT

 APPROVED NAME OF MANUFACTURERS OF

STEEL / CEMENT

 GENERAL GUIDELINES RELEVANT TO I.S.

7. SECTION-G:

 GENERAL SPECIFICATIONS

 TECHNICAL SPECIFICATION

 DETAIL SPECIFICATION

8. SECTION-H:

 SCHEDULE-B

 Safe Maintenance Procedure

EW- 296 PUR-F-006 RFQ-

 ACKNOWLEDGEMENT OF TENDER FEE

 TENDER NOTICE

EW- 296 PUR-F-006 RFQ-

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663Fax: 91-79-23217673, e-mail:

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

ACKNOWLEDGMENT

e- Tender for the

“Providing & Spreading metal at switchyard and misc. civil works at switch

yard in power house at GTPS.”

TENDER FEE PAID VIDE DEMAND DRAFT NO. _________________________________

DATED___________________________ RS. __________________________________

EARNEST MONEY DEPOSIT PAID VIDE D.D. NO. _______________________________

DATED ____________________ RS. _____________________

1. The undersigned reserves the right to reject any or all tenders

without assigning any reasons thereof.

2. The Tender fee will be accepted in form of Demand Draft and Earnest Money

Deposit will be accepted in form of Demand Draft or Bank Guarantee of any

bank as prescribe in ANNEXURE- I drawn in favour of “GUJARAT STATE

ELECTRICITY CORPORATION LTD.” payable at Gandhinagar TPS

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 296 PUR-F-006 RFQ-

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663Fax: 91-79-23217673, e-mail:

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

CE [Generation], Gandhinagar, TPS invites “On-line Tenders” (e-tendering) for the work of

“Providing & Spreading metal at switchyard and misc. civil works at switch

yard in power house at GTPS.” Tender Papers & Specifications may be down loaded

from Web site https://gsecl.nprocure.com(For view, down load and on line submission)

and GUVNL / GSECL web sites www.gsecl.in (For view only).All tender documents are to be

upload (Notarized / self-attested copies of original – as specified in tender document) through

online only (mandatory) on (n) procure portal excluding Tender fee and EMD Tender fee and

EMD are to be submitted physically by Registered Post A.D. or Speed Post addressed to:

CHIEF ENGINEER (GENERATION), GUJARAT STATE ELECTRICITY CORPORATION LTD,

THERMAL POWER STATION, GANDHINAGAR-382041, GUJARAT. “NO COURIER SERVICE

OR HAND DELIVERY” will be accepted.

Tender Estimated E.M.D.

No. Cost Rs. Rs.

EW- “Providing & 11 (Eleven) Rs. 2500+ Rs.

296 Spreading Months 450 = Rs.

2950.00/- (One Lakh

metal at from the

Rs. (Two Forty Nine

switchyard and date of Thousand Thousand

misc. civil written Nine Two

works at switch order to hundred Hundred

yard in power commence Fifty (Non Ninety One

Refundable) Only )

house at the work.

180 Days [From the opening of

1 Validity of Tender

Technical Bid].

Last Date for Online tender / offer submission through

2 As per Tender Notice

(n)Procure only up to 18:00 Hrs(This is Mandatory)

Last Date for physical receipt of cover for DD / Bank

Guarantee / Online payment reference for Tender Fee and

3 As per Tender Notice

EMD only up to 15:00 Hrs Through RPAD or Speed Post

Date of opening of online Technical Bid, all relevant

documents submitted through online process, Cover for

4 Tender fee and EMD at 15:30 Hrs (Online technical bid As per Tender Notice

will be opened for Bidders who have submitted Cover for

Tender Fee and EMD)

Tentative date of on-line opening of price bid (if possible) Party has to be in touch with

at 15.30 hrs. website www.nprocure.com and

also with e-mail sent by above

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 296 PUR-F-006 RFQ-

1) Only following listed documents must be upload in n-process online only. No physical

documents are to be submitted except tender fee and EMD cover. Price Bid shall not be

submitted in Hard copy.

1. Demand Draft for Tender Fee and EMD (Original) cover only to submit through RPAD/Speed

post only.

2. The bidder shall have a separate Provident Fund Code of RPFC in the name of company. The

bidder, who does not possess such separate P.F. code, shall not be considered for acceptance of

tender. The contractor has to submit attested copy of such certificate showing P.F. code along

with the tender.

3. Attested copy of PAN No.

4. Attested copy of work experience certificate for the similar works executed.

5. List of work in progress.

6. Attested copy of firm registration [Applicable only to the firms registered under Company Law]

7. Attested copy of partnership deed. [Applicable only to the partnership firms.]

8. Attested copy of power of attorney, if any, for signing the bid document.

9. Attested copy of balance sheet of profit & Loss account duly audited by Chartered Accountant

of at least 3 financial years, if work estimate is more than Rs. 50 Lacks.

10. Details of equipment, tools and plants immediately available with the tenderer for use of this

11. Details of technical personnel.

12. Undertaking duly Notarized as per attached Declaration Form

13. Any other documents required to verify technical, financial capability of the bidders & other

Credentials

15. Attached The Copy Of GST Registration.

All such documents should be strictly uploaded in N-procure only expect Tender Fee and EMD

details cover. Otherwise the offer will not be considered and no any further communication in

the matter will be entertained.

2) In case any deviation is found in Data / Details / Documents uploaded on N-procure online

offer (e-tendering) documents then such tender will not be considered and no any further

communication in the matter will be entertained. Tenders must be un-conditional. Conditional

Tenders will be rejected.

3) Further bidders are requested to submit Technical Bid documents and price – bid i.e.

Schedule-B on line only and not to submit the Technical bid and price bid in physical form

expect Tender Fee and EMD details cover. This is mandatory. If Technical bid document and

price bid is submitted in physical form expect Tender Fee and EMD details cover, same will not

be opened and only on-line Uploaded/submitted Technical bid document and price will be

considered for evaluation. The bidder is requested not to upload/submit the by online

(n)procure while bid submission on in (n)procure tender document, condition of the

contract, specification & other relevant documents, except documents as stated here

above. Instead of the same, the bidder shall upload on (n) procure scan copy of the duly

Notarized Undertaking as stated below declaration form on the stamp paper of Rs. 300/-.

However, bidder may download tender document & preserve with them in Hard Copy for

their future reference. Later on, L1 bidder shall be asked to collect the tender documents

from the tender inviting authorities for the purpose of contract agreement execution and

place their signature with seal of the company.

4) It is mandatory for all the bidders to submit their tender documents viz. on-line (e-tendering)

and uploading on (n) procure in scheduled time. Tender documents submitted in physical form

will not be accepted and considered expect Tender Fee and EMD details cover. Also, all bidders

shall submit required Physical documents as stated in Tender Notice

5) GSECL reserves the rights to reject any OR all tenders without assigning any reasons thereof.

6) Tender Notice Number & name of the work shall be clearly written on the covers of containing

the Tender Fee and EMD.

7) Technical / Price Bids will be opened on the day and time indicated in the tender notice by an

Officer nominated by the Purchaser in the presence of such of the bidders who wish to be

present. Any technical questions, information and clarifications that may be required pertaining

to this tender should be referred to the CHIEF ENGINEER (GEN.) Gandhinagar TPS. Also during

pre-bid meeting (if arranged) the same may please be discussed

 The exemption in payment of Tender Fee & EMD shall be given to the,

1. Micro & small-scale enterprises which participate directly in tendering

process for the product which they are manufacturing / service which they

are providing and have Udyam registration for items / service under

procurement.

2. Start-ups which participate directly in tendering process for the product

which they are manufacturing/service which they are providing and re-

cognized by DPIIT under the Start-up India Program and has obtained

Udyam registration.

EW- 296 PUR-F-006 RFQ-

3. Organization which has registration certificate for the manufacturing

product of the tender, from Gujarat Khadi Gramodyog Board or Khadi and

Village Industries Commission(K.V.I.C)or Commissioner of Cottage

Industries.

4. Board/Corporations/PSUs of the Central/State Government for their

own manufactured items.

5. State Government recognized organizations like(i) organizations for blinds,

dumb and deaf, disabled, mentally disabled persons;(ii)women's self-help

group recognized by Gujarat Livelihood Promotion Company; which

participate directly in tendering process for the product which they are

manufacturing / service which /they are providing.

1. Micro & Small Enterprises (MSEs) who participates directly in the tendering

process as Manufacturers or Service Providers, and holds a valid Udyam

Registration, are eligible for exemption from payment of Earnest Money

Deposit (EMD).

2. Agencies registered under Udyam in the capacity of Traders, Re-sellers, or

similar categories (i.e. other than Manufacturers/Service Providers) are not

eligible for EMD exemption.

3. Migration period for Reclassification of MSMEs: - ln case of an upward

change in terms of investment in plant and machinery or equipment or

turnover or both, and consequent re-classification, an enterprise shall

continue to avail of all non-tax benefits of the category (micro or small or

medium) it was in before the re-classification, for a period of three years

from the date of such upward change.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 296 PUR-F-006 RFQ-

 DECLARATION FORM CUM UNDER

TAKING TO BE SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE BIDDER

EW- 296 PUR-F-006 RFQ-

(To be uploaded on (n) procure online process duly notarized on Rs. 300/-

Non – Judicial Stamp Paper)

DECLARATION FORM

works at switch yard in power house at GTPS.”

Tender No/ RFQ No:

1. I/We hereby declare that I/We have carefully studied the entire tender

placed on the WEB site and conditions of contract, specifications and other

documents of this work mentioned in the tender and abide by the same.

Also, I/We hereby agree to execute the same accordingly.

2. I/We hereby abide to execute the contract agreement by downloading the

copies of the conditions of contract, specifications and other documents of

this work of otherwise I/we will get copy of the same from the office of the

3. I/We hereby accept and confirm that any dispute on this regard shall not be

4. I/We hereby declare that I/We have visited the work site and fully

acquainted myself/ourselves with the local situations regarding materials,

labour and other factors pertaining to the work before submitting the tender.

5. I/We hereby confirm that our offer is Un-conditional and without any

technical & commercial deviations.

6. Should this tender be accepted, I /We hereby agree to abide by to fulfill all

the terms-conditions and provision of the Tender and Contract for Works as

applicable and default thereof, to forfeit and to pay to the Gujarat State

Electricity Corporation Limited the sums of money due.

7. The full value of the “Earnest Money Deposit” paid herewith should be

absolutely forfeited to the Corporation, should I/ we do not execute /

commence the work after issuance of date of commencement by GSECL.

8. If, I fail to submit all required documents with application or tender copy ( in

each tender ) then my tender will be cancelled, which is binding to me.

EW- 296 PUR-F-006 RFQ-

9. If, full or part work will be given to me, it will be accepted to me with same

terms, rate & conditions.

10. I, ______ proprietor / owner / partner / Authorized Agent of M/s. ______ do

hereby also declare and undertake as under:

a) That in capacity of independent contractor for M/s. ______ (Sub-

Contractor of M/s. ______ ) worked as contractor at GSECL,

___________Thermal Power Station for the nature of work of ______ against

work Order No. ______ Dt. ______., I have complied with the provisions of all

laws as applicable. I have paid the wages for the month/s of my contractual

period which is / are not less than the minimum rates as applicable, to all

my employee/s and no other dues are payable to my employee/s.

b) That I have covered all the eligible employee/s under the Employees‟

Provident Funds and Miscellaneous Provisions Act, 1952 and deposited the

contributions under my PF Code No. ______, place: ______ for the month/s of

my contractual period and as such no amount towards contribution

whatever is payable.

c) I further declare and undertake that in case any liability pertaining to

any of my worker, labour, employee/s is/are to be discharged by the

principle employer i.e. Gujarat State Electricity corporation Limited,

___________Thermal Power Station due to my lapse, I undertake to reimburse

the same or the principle employer is authorized to deduct the same from

my dues as payable.

d) I further declare and undertake the legal consequences which may

arise in future under the said work order awarded, and I bond myself to

resolve the same at the risk and cost of M/s. ______.

authorized signatory of M/s ______________________________________________

here by certify that M/s _________________________________________________

and their proprietor / any partner / any directors of the firm is not stop deal

and / or banned for business dealing and / or black listed by GUVNL and /

or their any subsidiary company viz. GSECL / GETCO / DGVCL / MGVCL /

UGVCL / PGVCL as well as Government and / or Semi Government

company / department.

Seal & Signature of the Bidder

Phone / Mobile/ Fax No. & Company‟s Seal

EW- 296 PUR-F-006 RFQ-

e- Tender for the work of “Providing & Spreading metal at switchyard and

misc. civil works at switch yard in power house at GTPS.”

RTGS DETAIL OF BIDDER

Following RTGS details shall be submitted by agency along with the tender for direct

deposit of payment to the beneficiary account. Bidder has to submit the details as under:

1 Name of Bidder :-

2 Address for correspondence :-

3 E-Mail ID :-

4 Phone / Mobile No. :-

5 Name of Beneficiary :-

6 Bank Account Number of :-

beneficiary

7 Name of Bank of beneficiary :-

8 Name of Bank, branch & :-

9 Type of account :-

10 Bank Code :-

11 RTGS Code :-

12 IFSC Code :-

EW- 296 PUR-F-006 RFQ-

Project Synopsis and Data

1) Location :- Gandhinagar Thermal power station

2) Purchaser :- GUJARAT STATE ELECTRICITY

CORPORATION LTD

3) Engineer :- Chief Engineer(Gen)

4) Site of Project :- Gandhinagar,Gujarat State

5) Nearest town :- Gandhinagar

6) Nearest Railway Station :- Gandhinagar Capital(Ahmedabad is situated

at a distance of about 30.00Km)

7) Nearest Port :-

8) Nearest Air Port :- Ahmedabad-20Km(Approx)

9) Access Road :-

10) Site Elevation from MSL :- RL 81.5 M(floor level)

11) Meteorological Data

 Ambient Air temperature

1] Highest monthly mean of :- 350 C

daily Max. Temperature

2] Maximum dry bulb :- 450 C

Temperature ( In 0C)

3] Minimum dry bulb :- 8.60 C

Temperature ( In 0C)

 Rainfall

1] Average annual rainfall :- 1000 to 1200mm

2] For 01 hour ( In mm) :- 75 to 100mm

3] For 24 hour ( In mm) :- 250mm

 Wind velocity

1] Maximum wind velocity :-

(In m/sec)

2] Wind direction – N,NE & SW :-

3] For 24 hour ( In mm) :-

 Relative Humidity

1] Annual mean humidity ( In :- 50 to 60%

2] Maximum humidity (In %) :- 98%

3] Minimum humidity (In %) :- 2%

4] Type of Atmosphere :- Dry

12) DESIGN DATA

 Seismic Data :-

 Zone :- Zone-III as per IS 1893-1975

 Intensity :-

 Ambient temperature :-

 Other Data :-

EW- 296 PUR-F-006 RFQ-

SCOPE OF WORK AND SITE CONDITIONS

The main scope of the work is “Providing & Spreading metal at switchyard and

misc. civil works at switch yard in power house at GTPS.” Under the scope of this

tender the agency has to carry out the subject work as per all items of Schedule B

and as per detail technical specifications items. The quantities taken under individual

items are very tentative. However, the agency has to carry out the works as per the

Company‟s requirements.

The agency has to carry out the works as per item & specifications of the tender by

providing all materials of best quality and of standard manufactures as the samples

approved by EIC and providing best workmanship through expert manpower.

The agency has to carry out the works as per the priority & schedule given by EIC time to

time even in on or off working hours of the office. The agency will take complete care and will

not damage any other structure in premises of company.

The agency has to carry out all the works by taking all due cares of safety, security norms,

with all risks including scaffolding, strutting, shoring, etc up to any height irrespective of

quantum of the work.

Contractor has to make arrangement for workable site condition with the co

operation of departments of company and agencies, all necessary

arrangement to get work permit is to be made by contractor. Day to day

cleaning is required after completion of job. The removed materials and any

other unwanted materials are to be transported and taken away as instructed

All safety measures shall be taken by the contractor with his own cost.

The scope of work to be carried out by the Contractor shall also include Clearance of

the site, Disposal of debris, excavated material etc,

The major works involvement generally mentioned as here under-

 Excavation for foundation upto 1.5 m depth including sorting out and stacking of

useful materials

 Brick work using common burnt clay building bricks having crushing strength not

less than 35 kg./Sq.Cm.

 Providing, supplying, fabricating & erecting chain link fencing panel of size 2400X

2000 mm. made from 75X75mm & 10 Gauge G.I.

 L/c of fixing the chain link in angle frame by means of 40X3 mm MS flat welded.

 Providing & spraying weedcide like GLYPHOSPHATE (Glycel 41 % SL/Round-up 41%

or equivalent).

 Providing and laying/spreading of crushed high strength stone aggregates (40MM)

with well compaction.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 296 PUR-F-006 RFQ-

Registration in VMS System

Additional Note: Vendor gets to register in VMS System through vms.guvnl.com.

For registration following documents are required and mail to

[email protected] and [email protected]. After registration vendor have

to upload the invoice in the VMS system for smooth functioning of payment.

Documents required for Registration:

(1) PAN Copy

(2) GST Certificate Copy

(3) Email ID

(4) Full Name of Vendor

EW- 296 PUR-F-006 RFQ-

SPECIAL NOTE FOR PRE-QUALIFICATION

switch yard in power house at GTPS.”

The tender documents are of two separate bids i.e. technical and price bids.

Bidder is requested to submit the technical bid with the following credentials

for post-qualification.

1. Bidder should produce evidence of having experience of successfully

completed OR ongoing works having satisfactory progress of similar works as

defined hereunder, carried out in Central & State Government / Semi-

Government / GSECL / GETCO / DGVCL / MGVCL / UGVCL/PGVCL during

the last seven years ending last day of the month previous to the one in which

tender is invited. Bidder should submit self-attested copies of documentary

evidence, preferably photo copies of work completion certificate, certificate

regarding works on hand progressing satisfactorily along with certificate of

amount of work done, work order with Schedule-B, etc. from the respective

department. The amount of work completed OR ongoing works should be

either of the following:-

a. Three similar completed works each costing not less than the amount

equal to Rs.

b. Two similar completed works each costing not less than the amount equal

c. One similar completed works each costing not less than the amount equal

2. Similar work means Work of Civil construction/ building work / Renovation

of Building work / Civil maintenance works”. The works like painting,

housekeeping, landscaping will not be considered

3. Experience certificate of work executed with private firm shall not be

accepted. Experience as a joint venture or sub-contractor is not allowed and

price bid of such bidders will be rejected.

4. EMD: To pay EMD in form of DD OR in form of B.G. given by bank as

described in the Annexure – I.

5. Tender Fee: The tender fee shall be accompanied in the form of DD.

6. Separate employee‟s Provident Fund code number towards

registration of firm with Regional P.F. Commissioner.

7. Last three year Audited annual accounts, Positive net worth

certificate, and average annual turnover certificate certified by

chartered accountants as per qualification requirement.

 Financial qualification criteria:

1. The Average Annual Turnover of the bidder shall not be less than

EW- 296 PUR-F-006 RFQ-

Rs. _14.92 Lakh during the preceding three (3) financial years as one

date of Techno-Commercial bid opening.

2. Net worth of bidder shall not be less than 100% of the bidder‟s paid up

share capital as on the last day of the preceding financial year. In case

the Bidder meets the requirement of Net worth based on the strength of

its Subsidiary (ies) and/or Holding company and/or Subsidiaries of its

Holding Companies wherever applicable, the Net worth of the Bidder and

its Subsidiary (ies) and/or Holding company and/or Subsidiary (ies) of

the Holding Company, in combined manner should not be less than

100% of their total paid up share capital. However individually, their Net

worth should not be less than 75% of their respective paid share capitals.

Net worth in combined manner shall be calculated as follows:

Net worth (combined )= (x1+x2+X3)/(y1+y2+y3) X 100, where x1,x2, x3

are individual net worth which shall not be less than 75 % of the

respective paid up share capitals and y1, y2, y3 are individual paid up

share capitals.

3. In case the bidder is not able to furnish its audited financial

statements on stand-alone entity basis, the unaudited unconsolidated

financial statements of the bidder can be considered acceptable provided

the bidder further furnishes the following documents for substantiation

of its qualification.

 Copies of the unaudited unconsolidated financial statements of the

bidder along with copies of the Audited consolidated financial

statements of its Holding Company.

 A Certificate from the CEO/CFO of the Holding Company, stating that

the unaudited unconsolidated financial statements form part of the

Consolidated Annual Report of the company.

4. In cases where audited results for the last preceding financial year as

on the date of techno-commercial bid opening are not available, the

financial results certified by a practicing Chartered Accountant shall be

considered acceptable. In case, Bidder is not able to submit the

Certificate from practicing Chartered Accountant certifying its financial

parameters, the audited results of three consecutive financial years

proceeding the last financial year shall be considered for evaluating the

financial parameters. Further, a Certificate would be required from the

CEO/CFO, stating that the financial results of the Company are under

audit as on the date of Techno-commercial bid opening and the

Certificate from the practicing Chartered Accountant certifying the

financial parameters is not available.

The bidder must submit Average Annual Turnover and Net worth

Certificate in support of Financial QR, duly certified and verified for

authenticity from Independent Statutory Auditor of their company /

Practicing Charted Accountant/ C.A. Firms / TPIA (Third-Party Inspection

Agency ) empanelled / approved by GSECL along with copy of Annual

Audited Accounts of last three years.

EW- 296 PUR-F-006 RFQ-

8. Attested copy of relevant document duly signed and sealed on each and every

page shall be submitted.

9. Attach copy of GST Registration.

10. Details of orders for similar nature/jobs carried out along with documentary

Evidence, Performance Certificate and their organization set up for such work

executed in past there of indicating the Names of the organizations, order no and

11. Bidder shall have to submit the PAN card No for Income Tax with documentary

12. Details of the partnership deed.

13. Details of Tools, tackles, equipments and personals available with firm relevant to

the job/subject matter.

14 Copy of the updated valid labor contract license from the appropriate authorities

and updated workman group insurance policy covering labor engaged.

15. The tenderer shall have to produce the document of last three years annual

account, i.e. profit & loss account and balance sheet, if the estimated cost of tender is

more than 50 lakhs along with technical bid.

16. Details of skilled/semi-skilled persons presently employed by the contractor

having sufficient knowledge of similar jobs.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

GSECL: GTPS

SIGNATURE OF CONTRACTOR

EW- 296 PUR-F-006 RFQ-

GENERAL INSTRUCTIONS TO THE BIDDERS

1. SUBMISSIOIN OF TENDER

The tender should be uploaded/ submitted online on n-procure process.

Technical bid cover:- This cover shall contain all relevant attested qualifying documents

as prescribed in tender notice along with tender fee & EMD. Bidder shall have submit

Tender Fee and EMD cover only, All other require document to be upload on online

(n)procure process only

Note: - If attested copies of qualifying documents stated as prescribed in tender

notice are not found in on-line Technical bid, but same should be submitted by mail

during scrutiny will be treated as final to consider the bid for pre-qualification. Any

missing documents, if required will be asked from the bidder as mentioned in this

tender elsewhere. If party has not submitted tender in online is liable to be ignored.

Technical Bid

“Please note that the Notarized / self-attested copies of original required

documents should be invariably uploaded in n-procure portal before due date and

time in pdf form (Scanned copy). This is mandatory. No physical documents are

required to be submitted except tender fee and EMD.

Price bid:-

The price bid shall have to be submitted online only. The percentage rates and price shall

be written both in words, and figures and the units in words. In case of any ambiguity or

mistakes, the unit rates and prices written in words shall be considered as final.

Offered rate shall include cost of all Materials, wastage of material , Labours for all leads

and lifts, Supervision, setting out works, Machinery and equipment with its mobilization /

demobilization, transportation charges, Clearing of the site both prior to commencement

and after completion of work. Consumables such as, but not limited to petrol, oil, diesel,

lubricants, drill bits, pipes, ropes etc. Construction facilities such as scaffolding,

tarpaulins, wind break, etc., Overheads / profits of Contractor for due performance of the

work under this contract.

Applicability of goods and service tax:-

1) The tenders shall be evaluated on firm price and cost with GST and cess as applicable

unless otherwise mentioned in the tender documents.

2) IF the supplier/contractor have opted for the composition scheme of GST, the same must

be clearly specified with valid declaration and certificate from department. In the event of

withdrawal/ cessation of the supplier from composition scheme during the tenure of the

contract, the rate(i. e. price) mentioned in the price bid shall be final and any additional

GST will have to be borne by the tenderer himself, In no case additional amount towards

GST or otherwise will be paid/reimbursed to supplier/contractor.

3) The bidder shall have to inform their GST no. of the registered place(s) where from the

bidder intends to supply the goods/services, meaning there by the bidder has to supply

the goods/services from the relevant declared/ registered place(s) of supply only.

indicate the GST rate, amount in the price bid schedule.

5) In-case Govt notification comes for change in GST , the same will be applicable.

6) Bidder should indicate GST no.( copy of GST registration to be enclosed) and PAN NO.

(copy of PAN to be enclosed) Tenders submitted without GSTIN No by the firms, the offer

will be rejected without entering into further correspondence.

Further information required, if any, can be had from the office of the Chief Engineer,

GSECL, GTPS. But it must be clearly noted that the tenders must be received complete

in every respect by the due date and time.

i. The bidder must clearly quote rates in figure as well as in words. In case of any

discrepancy, whatever written in words shall prevail.

ii. No deviation in terms & conditions, Schedule-B and technical specifications will be

entertained. Any ignorance for this shall not relieve the contractor from his contractual

EW- 296 PUR-F-006 RFQ-

liability arising as per tender documents and conditions contained in it.

iii. The bidders are required to quote only firm prices. No variation will be accepted on

price/ raw materials/ finished products or on any other cause.

iv. The bidders should note that the completion of above mentioned works in all respect in

accordance with the time limit given is very important and should be strictly adhered to.

The work is to be completed in time limit from the date of issue of written order to

commence the work by the Chief Engineer (Gen.), GSECL, Gandhinagar TPS.

v. The bids should be valid for a minimum period of 180 Days from the date of opening of

technical bid. During this period tenderer shall not be allowed to withdraw their tender

and if withdrawn, the Earnest Money Deposit submitted with the tender will be forfeited.

vi. The works covered under these specification shall be carried-out and governed by

“Tender and contract for Works” booklet appended herewith except where conditions

specified in this specifications.

vii. The successful bidder shall have to enter in to an agreement for contract as per

G.S.E.C.L rules on a stamp paper of Rs.300/- and necessary stamp duty charge shall be

borne by the contractor/consultant.

viii. The complete specification comprises of the following.

Bill of Quantities (Schedule-B), instructions to the bidders, Tender specifications and

scope of work, Tender and contract for Works booklet, General Conditions, Instructions

to bidder & Technical specifications. All these sections are complimentary to each

other. The particulars and requirements contained herein shall cover the execution of

the works covered under these specifications.

ix. The tenderer must visit the site of works and see for him self the site conditions

regarding availability of approach road during all seasons and other matters affecting

the above works before submitting the tender.

x. The submission of tender by a contractor implies that he has read these instructions the

conditions of contract etc. and has himself aware of the scope and specifications of the

work to be done and of conditions and local conditions and other factors bearings on the

execution of the works. GSECL will not therefore after acceptance of contractor's rate

pay any extra charge for any other reason; in case the contractor is found later on to

have misjudged the site condition.

xi. GSECL‟s authorized officers who accepts tender, shall have the right of rejecting all or

any of the tenders and will not be bound to accept the lowest offer nor to assign any

reason whatsoever for the rejection of any tender or all tenders.

xii. Bidders shall provide evidence of their continued eligibility to the satisfaction of the

xiii. Bidders shall not be listed under a declaration of ineligibility for corrupt or fraudulent

Practices issued by the Govt., the list of black listed Contractors announced by GSECL

(erstwhile GEB) Govt. of Gujarat or its Public Sector undertakings or the contractors

who are under stop dealing in GUVNL and /or their any subsidiary company viz.

GETCO/MGVCL/UGVCL/PGVCL/DGVCL.

xiv.The bid, and in case of a successful bid, the Form of Contract Agreement, shall be

signed with the name of Firm / company which will be legally binding on all partners

/ parties.

xv.If the application is made by an individual, it shall be signed by the individual above

his full typed written name and current address.

xvi.If the application is made by a proprietary firm. It shall be signed by the proprietor

above his full typed written name and the full name of his firm with its current

xvii.If the application is made by a partnership firm, it shall be signed by all the partners

of the firm above their full type written names and current addresses or alternatively

by partner holding power of attorney for the firm in which case a certified copy of the

power of attorney shall accompany the application. A certified copy of the partnership

deed, full names and current addresses of all the partners of the firm shall also

accompany the application.

xviii. If the application is made by a limited company or a Corporation, it shall be signed

by the authorized person holding power of attorney for signing application in which case

a certified copy of the power of attorney shall accompany the application. Such

Limited company or Corporation may be required to furnish satisfactory evidence of its

existence before the pre-qualification evaluation. They should also furnish Articles of

Memorandum of Association. If the application is made by group of companies, it shall

EW- 296 PUR-F-006 RFQ-

be signed by the authorized person. The authority letter shall be accompanied with the

application.

1. SECURITY DEPOSIT

It should be mandatory to submit security deposit as per cl no.7 of Section C (i.e.

General condition of contract).

2. MAINTENANCE:

i] The contractor shall be responsible to make good and remedy at his own expense any

defect which may develop or may be noticed before the period mentioned hereunder from

the certified date of completion. The same shall be attended within 15 days of receipt of

the notice. In the case of failure on the part of the contractor, the Engineer-in-charge may

rectify or remove or re-execute the work at the risk & cost of the contractor. The Engineer-

in-charge shall be entitled to appropriate the whole or any part of the amount of security

deposit towards the expenses, if any, incurred by him in rectification, removal or re-

execution. The defects liability period shall be as under,

a) For all works costing up to Rs. 50,000 (amount put to tender), the period shall

be 03 months from the certified date of completion.

b) For all works costing more than Rs. 50,000 and up to Rs. 1 crore (amount put

to tender), the period shall be 06 months from the certified date of completion OR

one monsoon, whichever is later.

c) For major projects costing more than Rs. 01 crore, the period shall be 12 months

from the certified date of completion which should include one monsoon.

d) For building works, the period specified in (a), (b) shall be same except that time

period shall be 12 months instead of 06 months OR (c) shall be same as above except that

time period shall be 03 years OR elapse of 3 monsoon periods from certified date of

completion whichever is later.

e) For original building works the defect liability period will be 03 years OR elapse of

03 monsoon periods following date of possession of building taken over by user agency

OR 04 years or elapse of 04 monsoon period following the certified date of completion

whichever is later.

For the purpose of deciding monsoon period, the 30th September may be treated as the

last date.

f) For painting work (irrespective of amount put to tender): 1 year.

ii] For Water Proofing works guarantee period shall be kept as 5 (five) years from

actual date of completion. Besides above 5 years Performance bank Guarantee (PBG)

equivalent to 10% amount of estimate cost OR Work Order cost whichever is more

shall be submitted by the contractor prior to release of final bill payment.

 Subsequently, if during the year (from date of completion of the work) no leakage is

observed in treated area, out of above 10% PBG, 2% amount shall be released each year

to the contractor on his written request.

 In case of any leakages during the year is observed contractor must attend the

same during dry atmosphere but not later than 6 Months from date of intimation &

subsequently 2% PBG can be released.

 If contractor fails to attend the complaint, 2% PBG of respective year shall liable to

forfeit with written intimation to the contractor.

iii] Over and above 10% PBG, there shall be provision of 5% S.D. which shall be released

after 6 months from actual date of completion of work.

iv] For anti-termite treatment guarantee period shall be kept as 3 years, with PBG & shall

be released on completion of Guarantee period.

3. TIME LIMIT FOR WORK:

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The scheduled time limit for the completion of work shall be 11 (Eleven) Months

calendar months from the date of issue of letter to commence the work. However

extension in time limit will be granted by GSECL for the genuine reasons only as

per terms of the contracts.

4. TERMS OF PAYMENTS:

Contractor shall be paid RA bill after observing GSECL‟s general procedure and

submission of bill by the agency. Also, 75% payment shall be made immediately

within a week period on receipt of recorded bill by Account Section without

checking of detail bill and compliance of queries & statutory requirement.

However, remaining balance 25% amount shall be released only after through

checking of detail bill and compliance of various quarries, statutory compliance

etc. The above payment term is applicable to all the bills of general civil works &

ARC/BRC works, provided the bills are recorded regularly and submitted to

Account Section within Ninety [90] days. If the contractor fails to submit the bills

regularly in such a way so that the same cannot be recorded and submitted to

account section within Sixty [60] days, ad-hoc payment as stated above, may not

be released and payment will be released as per GSECL‟s general procedure. The

period of Sixty [60] days shall be considered from the date of receipt of last R.A.

Bill by Account Section.

5. METHOD OF PAYMENT:

a. The payment for the work done will be made by running bills every month

after taking joint measurement within 30 days.

b. Final bill will be paid within reasonable time after settlement of material

account by you and after recording of joint measurement.

6. “All bidders shall submit the details/documents in support of Technical

Qualification Requirements duly certified and verified for authenticity from

Specified Third-Party Inspection Agency (TPIA) or Statutory Auditor of

their Company or Practicing CA/CA Firm along with a certificate regarding

verification of authenticity of documents as per the format placed at

Appendix 1. All the documents submitted by the bidder in support of

meeting Technical QR shall be digitally signed by the Specified Third-Party

Inspection Agency (TPIA) or Statutory Auditor of their Company or

Practicing CA/CA Firm.

In case documents are certified & verified for authenticity through TPIA,

the verification and certification of authenticity of documents is acceptable

from any of the following TPI As:

1. M/s Competent Inspectorate and Consultants Pvt. Ltd, Hyderabad, India.

2. M/s Gulf Lloyds Industrial Service India Pvt. Ltd.-Ahmedabad.

3. M/s International Certifications Services.

4. M/s Intertek India Pvt. Ltd.

5. M/s SGS India Pvt. Ltd.

6. M/s Moody International (India) Pvt. Ltd.

7. M/s TUV SUD South Asia (P) Ltd.

8. M/s TUV Rheinland (India) Pvt Ltd.

9. M/s Bureau Veritas (india) Pvt. Ltd.

10. Hertz Inspection & services Pvt. Ltd.

11. IRCLASS Systems and Solutions Pvt. Ltd.

The Bidder shall be responsible to get their documents/ credentials verified &

certified by the Specified Third- Party Inspection Agency (TPIA) or Statutory

Auditor of their Company or Practicing CA/CA Firm in support of Technical QR.

EW- 296 PUR-F-006 RFQ-

All the costs pertaining to third party verification and certification (including

those by statutory auditors) shall be borne by the Bidder. GSECL shall have no

liability (financial or otherwise) towards the same and shall not be liable for any

claim/ dispute between the bidder and the Specified Third-Party Inspection

Agency (TPIA) or Statutory Auditor of their Company or Practicing CA/CA Firm.”

The following website may be referred for contact details of above TPIAs:

http://nabcb.qci.org.in//accreditation/reg_bod_inspection_bodies.php.

Annexure-1

Undertaking from Third Party Inspection Agency/Statutory Auditor or Practicing

CA/CA Firm

(On letter head digitally signed by a person duly authorized to Sign on behalf of the firm)

Ref: Date:

Power Station ……………….

Subject: Authentication of veracity of documents submitted by M/s …… in support of

Meeting the Qualifying Requirements

Ref: Tender no. …………………..

Name of the Package/ Tender: ………………………………………

M/s. ……………… (here in after called Bidder) having Registered office at ……………………

intend to participate in above referred tender of GSECL.

The tender condition stipulates that the bidder shall submit supporting Documents

pertaining to Qualifying Requirement duly verified and certified by Third-Party Inspection

Agency (TPIA) or Statutory Auditor of their Company or Practicing CA/CA Firm as per the

list mentioned in the bidding documents.

In this regard, it is hereby confirmed that we have examined the following documents,

which are also attached with this letter. The same has been verified from the Original

Documents and / or Client for authenticity.

We hereby confirm that the following documents are found to be genuine and authentic.

1. Doc ref. no. ……….. Dated …….. (Name of Documents)

2. Doc ref. no. ……….. Dated …….. (Name of Documents)

All the aforesaid documents have been digitally signed by us as a certificate of

authenticity.

We further confirm that we neither have any vested interest in aforesaid tender nor have

any conflict of interest in respect of above tender.

This certificate is issued at the request of M/s ………………. (Bidder) for the purpose of

participating in the subject tender/s

Thanking you,

EW- 296 PUR-F-006 RFQ-

1. ASSIGNMENT:

The rights and liabilities of the contractor shall not be assigned or transferred by them

without the consent in writing of the GSECL to any other person, firm or

organization.

2. The successful Bidder, on receipt of letter of intent will submit within a week's time

his planning / programme of works, for scrutiny of the GSECL in a Bar Chart format,

clearly indicating GSECL's inputs also. Contractor will plan his works such that

simultaneous work should progress in such a way that entire job is completed in

scheduled time limit on all the fronts released by GSECL.

3. The successful bidder will have to depute his authorized representative to attend

progress review meetings to be held at GSECL, Gandhinagar TPS without any extra cost.

4. The Contractor will be responsible for complying with all rules and regulations and

labour laws applicable to him and the GSECL will not be responsible for any lapses

committed by them. If there is any claim from any Government authority pertaining to

the contract, the same amount will be deducted from the Contractor's bill.

5. The time limit for completion of work is stipulated as in the tender will be adhered to.

6. The Contractor's rates should be firm and no variation clause is to be quoted by the

Contractor and GSECL will not accept the same, during contractual period including

extended time limit if any.

7. BIDDER TO STUDY, ANALYSE & CONSIDER:

a) The information given in this specification is in good faith and meant to serve

as a guide to the Bidder. It is, therefore, imperative that Bidder shall obtain and examine

for himself all the data, information and particulars required for the satisfactory

execution of the work under this tender. The submission of a bid by Bidder implies that

he has fully read the specifications, bid drawings, instruction to the bidder along with

Contract Document and Conditions of Contract, applicable labour laws, safety norms

etc., and has made himself aware of the scope and the specifications for the work to be

performed and local conditions and other features which have a bearing on the cost and

execution of the work. This specification is intended as a general description of quality

envisaged for materials and workmanship and of the finished work. It is not intended to

cover minute details. The work shall be executed in accordance with the best modern

practice and to the complete satisfaction of the Purchaser. Special techniques approved

by the Purchaser shall be used if and where found necessary. This specification shall

have precedence if anything contrary to this is stated elsewhere in the contract

documents. The Purchaser‟s decision shall be final and binding on the contractor on any

issue arising out of such discrepancies.

b) Inspection of site by bidder:

Before submission of his bid, Bidder shall inspect the site, examine and obtain all

information required and satisfy himself regarding matters such as:

 weather characteristics,

 Location of site and access, right of way, means of communication & mode of

Transport to site,

 The type and number of equipment and facilities required

 The quantity of various items of the work.

 The availability and rates of material.

 Labours condition.

 Local working conditions, obstructions and hindrances that may arise etc.

 Power house, which is under running conditions.

 Required GSECL‟s security checks.

 All materials brought to site only after making entries in security register at Control

c) These factors are likely to affect the satisfactory completion of work and or cost

thereof. The submission of a bid by the Bidder will be construed as evidence that

such an examination was made and any later claims/ disputes in regard to rates

quoted shall not be entertained or considered by the GSECL.

d) The site visit shall be done by the bidder on his own responsibility and all liabilities

including cash, arising out of the site visit shall be at the bidder‟s account.

e) Contractor‟s scope of work shall also include making all necessary arrangements

EW- 296 PUR-F-006 RFQ-

for access to work sites, stores and site offices etc. from the nearest approach road

to facilitate transportation of man power, machinery and equipment duly

considering the existing site conditions. No extra claims / costs will be entertained

f) The bidder shall carefully study the work to be carried out & consider all the

factors & shall take into account &consider all the factors such as lead, lift haulage

of materials, sequence of construction, etc. & shall allow for all such information /

data in the rates quoted.

g) The GSECL will not pay any extra charges or rate for any reason in case the

contractor claims, after acceptance of contract to have misjudged the site

condition. Ignorance of the intents and contents of the specification document and

site conditions shall not be accepted by the Owner as basis for any claims for

compensation.

h) BIDDER shall inspect the site, examine and obtain all information required and

satisfy himself regarding matters such as sub-surface conditions, water records,

access to site, communication, transport, right of way, the type and number of

equipment and facilities required for the satisfactory completion of work, the

quantity of various items of the work, the availability and rates of material, local

working conditions, uncertainties of weather, obstructions and hindrances that

may arise etc. which may affect the work or cost thereof, before submission of his

bid. Ignorance of site conditions shall not be accepted by the ENGINEER IN

CHARGE as basis for any claim for compensation.

i) The rates quoted by BIDDER shall be based on his own knowledge and judgment of

the conditions and hazards involved and shall not be based on any representations

of the Engineer in Charge. No claim on this account shall be admitted by the

j) The bidders shall submit on online in n-procure with their offer without any

deviations in general terms and conditions of the contract or in technical

specifications.

k) Tenders received after the time and date specified in the tender notice will not be

accepted. Once the offer is submitted by bidder before due date of submission, the

bidder shall not be allowed to submit revised/ additional/ modified offer even

before due date and time of submission of tender. However, if the date of issue

and/or submission of tender are extended by the Corporation due to any reason,

the bidder may submit if their wishes the revised/additional/modified offer before

extended due date and time of submission.

l) The Corporation reserves the right to accept any tender irrespective of whether it is

lowest or not or to reject all the tenders without assigning any reasons thereof.

Tenders deferring from the technical specifications or the method of bidding in a

radical manner may also be rejected.

m) The bidder shall be presumed to have carefully examined the drawings, conditions

& specifications of work & to have fully acquainted themselves with all details of

the site conditions, locations, materials, geological & weather characteristics,

labour conditions & in general all the necessary information and data etc.

pertaining to and need for the work.

n) This specification is intended as a general description of quality envisaged for

materials and workmanship and of the finished work. It is not intended to cover

minute details. The work shall be executed in accordance with the best modern

practice and to the complete satisfaction of the Purchaser. Special techniques

approved by the Purchaser shall be used if and where found necessary. This

specification shall have precedence if anything contrary to this is stated elsewhere

in the contract documents. The Purchaser‟s decision shall be final and binding on

the contractor on any issue arising out of such discrepancies.

o) Each bidder shall also submit a 'Declaration' to the effect that the tenderer is an

engineering construction firm or an association of firm or firm which has

successfully carried out large works of this nature and has adequate organization

and experienced personnel to handle this type and magnitude of work. Information

should also be given regarding the constitution of the firm; it‟s authorized,

subscribed & paid up capital, the date & place of registration, the place of

business, the names of the directors and other relevant information.

EW- 296 PUR-F-006 RFQ-

p) It is the intent of the ENGINEER IN CHARGE to incorporate these specification

documents in the final „Contract‟. BIDDERS are required to review these

documents and clearly state in their proposals their acceptance of the same.

q) Each page of the bid document including the bid drawings shall be signed,

stamped and dated in ink by the BIDDER as a token of having examined the same.

Any correction in price and the rates entered in the Schedule of Price shall also be

signed and dated by the BIDDER in ink, before submitting the bid. Non-

compliance with this condition will make the bid liable for rejection.

r) All safety measures as required to be adopted as per the Statutory Regulations and

the Safety Rules of the Plant shall be strictly followed by the Contractor during the

execution of the Contract. The Contractor shall set up a suitable safety

organization of his own in this regard.

s) In connection with the execution of the Contract, the Contractor shall comply with

all applicable statutory Rules & Regulations including employment of labours at

t) The Contractor shall carry out any and all such works, as may be required, for civil

work to be completed in all respect as per the Contract Specification.

u) If the GSECL Engineer-in-Charge is not satisfied with the progress of work at site,

he shall direct the Contractor to depute more numbers of supervisory

personnel/workers to meet the completion schedules as per the Contract. Upon

receiving such direction, Contractor shall deploy additional personnel within 7 days

without any extra cost.

v) The GSECL may during the progress of work, order the removal of part or whole of

the work executed, found not in accordance with the specifications/ instructions.

No extra claims shall be entertained for re-executing or altering of such work.

8. SAFETY MEASURES:

The contractor shall ensure the safety of workers, material and structure including

existing structures during execution of the contract. Safety measures shall be

followed during operations of equipments/machinery being used. No separate

the cost for all safety measures.

9. COMPLETENESS:

Any technical services as set forth here in above and which might not have been

specifically mentioned in this Contract relating to the work or in the specifications

and which are not expressly excluded therefore but which are necessary for the

performance in accordance with the specifications as an integral part of the

painting and misc. Civil works shall be rendered by the Contractor without any

extra cost.

10. TOTAL RESPONSIBILITY

The Contractor shall be solely responsible for the entire technical works / services

irrespective of works / services have been made /rendered by him.

11. PAYMENT TO THE LABOURES:

(a) Contractor has to pay the CPF as well as salary to his skilled/unskilled

manpower by cheque A/c payee only, as per minimum wages & prevailing

applicable rules on or before 7th day of next month.

(b) Contractor has to produce challan of PF with list of employees.

(c) Contractor shall have to make payment to his labours in presence of Personal

Officer (Estt.) GSECL, Gandhinagar TPS.

12. CONTRACT AGGREMENT ON ACCEPTANCE:

 The successful contractor will have to sign an agreement as per the Gujarat State

Electricity Corporation Ltd.'s rules on stamped paper and the necessary stamp

duty charges shall be borne by the contractor.

 On acceptance of the tender the name (s) of the accredited representative (s) of the

tenderer who would be responsible for taking instructions from the Engineers of

the GSECL shall be communicated to Chief Engineer (Gen.) Gandhinagar Power

Station, Gujarat State Electricity Corporation Limited.

13. Unsatisfactory progress of the work:

If the work is found not progressing as per the requirement or found not

EW- 296 PUR-F-006 RFQ-

satisfactory then GSECL will take such action to get the work done through the

other agency at agency‟s risk and cost with 15% supervision charges and same

will be recovered from agency.

14.The EMD will be returned promptly to the unsuccessful bidder except that of L1,

L2 & L3 till the successful contractor pays the Security Deposit as mentioned in

tender document or after the expiry of the validity of the offer, whichever is earlier.

The EMD will be returned to the successful tenderer after he furnishes the

Security Deposit for the tender work. If he fails to furnish the SD, his EMD shall

be forfeited and the tenderer will not be allowed to participate in the tenders

invited by this office for a period of ONE Year in respective Power Station.

The EMD in form of Bank Guarantee shall be valid for Ten Months from the

date of submission of the tender.

15. Effect and validity of Bid: The submission of bid with these documents and

specification shall constitute an agreement that bidder shall have no cause of action or

claim against the GSECL for rejection of his bid. The GSECL shall always be at liberty

to reject or accept, split any bid or bids at its sole discretion and any action will not be

called into question and the bidder shall have no claim in that regards against the

16. Stop Deal / Banned for business dealing / Blacklisting :-

 Has submitted fake, false or forged documents/certificates

 Has revised/ withdrawn price bid after opening of Techno-commercial bid, until

and unless it is sought for,

 Has tempered with the stipulated tendering procedure.

 Has refused to accept Letter of Acceptance / Purchase order / Work Order after

the same is issued by the company within the validity period and as per agreed

terms and conditions,

 Has committed breach of contract or has failed to perform a contract or has

abandoned the contract,

 Has failed to provide suitable expertise for the work as per pre-scheduled

 Has failed to submit all the necessary tests reports / documents within time

scheduled / as per company‟s time limit, as mentioned in the LOA, if the Letter of

Acceptance (LOA) is placed subject to submission of type reports / documents to

 Has indulged in construction and erection of defective works.

 Has supplied inferior quality / defective materials and refused to replace with

stipulated time frame, as specified by the company,

 Has substituted materials in lieu of materials supplied by the company or has not

returned or has short returned or has unauthorisely disposed of materials /

documents / drawings / tools or plants or equipment supplied by the Company,

 Has involved in malpractices such as bribery, corruption, fraud, canvassing and

pilferage,

 Has unauthorisely obtained official company information or copies of documents,

in relation to the Tender / Contract.

 Has failed to follow the stipulated mode of communication, if specified by the

tendering authority / Purchaser.

 Has parted with, leaked or provided confidential / proprietary information of the

company given to the firm only for its use (in discharge of its obligations against

an order) to any third party without prior consent of the Company,

 Any other ground for which in the opinion of the Company makes it undesirable

to deal with the Firm

 In case the state Government directs the Company to place a firm in stop dealing

/ banned for business dealing / blacklisting.

Conflict of Interest among Bidders / Agents

A bidder shall not have conflict of interest with other bidders for particular

quoted item. Such conflict of interest can lead to anti-competitive practices to

EW- 296 PUR-F-006 RFQ-

the detriment of Procuring Entity's interests. The bidder found to have a conflict

of interest shall be disqualified. A bidder may be considered to have a conflict of

interest with one or more parties in this bidding process for particular quoted

a) They have proprietor/partner(s)/Director(s)in common; or

b) They receive or have received any direct or indirect

subsidy/financial stake from any of them; or

c) They have the same legal representative/agent for purposes of this bid; or

d) they have relationship with each other, directly or through common third

parties, that puts them in a position to have access to information about

or influence on the bid of another bidder, or

e) bidder participates in more than one bid in this bidding process.

Participation by a bidder in more than one Bid will result in the

disqualification of all bids in which the parties are involved. However,

this does not limit the inclusion of the components/ sub-assembly/

assemblies from one bidding manufacturer in more than one bid.

f) In cases of agents quoting in offshore procurements, on behalf of their

principal manufacturers, one agent cannot represent two manufacturers

or quote on their behalf in a particular tender enquiry. One

manufacturer can also authorise only one agent/ dealer. There can be

only one bid from the following:

1. The principal manufacturer directly or through one Indian agent on

his behalf; and

2. Indian/foreign agent on behalf of onIy one principal.

g) A Bidder or any of its affiliates participated as a consultant in the

preparation of the design or technical specifications of the contract that

is the subject of the Bid;

h) in case of a holding company having more than one independently

manufacturing units, or more than one unit having common business

ownership/ management, only one unit should quote. Similar

restrictions would apply to closely related sister companies. Bidders

must proactively declare such sister/common business/ management

units in same/ similar line of business.

i) Bidder shall not act in contravention/violation to the provisions of

competition act, as amended from time to time.

Every bidder should, at the time of submission of bid, give a declaration,

that bidder shall not have conflict of interest with other bidders for

particular quoted item, as above.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

GSECL: GTPS

SIGNATURE OF CONTRACTOR

EW- 296 PUR-F-006 RFQ-

SECTION-C:

 GENERAL CONDITIONS OF CONTRACT

EW- 296 PUR-F-006 RFQ-

GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS :

(a) The Contract means the documents forming the tender and acceptance thereof,

together with the documents referred to therein or individual work order in the

case of term contract, including these conditions, schedules and/or additional

conditions attached to the form of tender or individual works, order, rate

schedule, the specifications and the drawings and all these documents, as

applicable, taken together shall be deemed to form the contract.

(b) The “Tender Document” means the form of tender, the applicable schedules

and/or additional conditions and the specifications and/or drawing as issued to

the contractors for the purpose of preparing tender.

(c) The expression “Works” or “Work” when used in the condition of contract shall,

unless there be something in the subject or context repugnant to such

construction means, the works or the work contracted to be executed under or

in virtue of the contract whether original or altered.

(d) The “Contractor” means the individual or firm or Corporation, whether

incorporated or not, undertaking the words and shall include his or its legal

personal representatives, successors and permitted assignees.

(e) “Corporation” means The Gujarat State Electricity Corporation Ltd. and the

“Accepting Officer” means the Officer who is authorized to sign and signs the

contract on behalf of the “Corporation”.

(f) The letter “EE” means Executive Engineer who in the case of measurement and

lump sum contract, direct the contract and the letters “SE” means

Superintending Engineer and “GM” means General Manager who administers

and in the case of the term contracts, directs the contract.

(g) The “Engineer-in-charge” means all officers of the Corporation appointed by the

General Manager to supervise the works or part of the works.

(h) “Approved” and “Directed” means the approval or direction of the Chief Engineer

(Gen), Gandhinagar TPS to Superintending Engineer or the person deputed by

him for the particular purpose.

(i) “BS.” means “British Standards” as issued by the British Standards Institution.

“A.S.” means the “American Standards” as issued by the American Standards

Institution, and “I.S.” means the “Indian Standards” as issued by the Indian

Standards Institution. Wherever the above-mentioned abbreviations are referred

to, in the specifications and/or work orders, they mean the addition with all

amendments current at the date of issue of tender document of work orders.

(j) In the case of measurement and terms of contract “Specifications” mean those

contained in Gujarat State Electricity Corporation Ltd. scheduled together with

any amendments etc. embodied in the tender documents. “Drawing” refers to

those incorporating the tender documents and/or any work orders referred

(k) The “Contract Sum” means the sum accepted or the sum calculated in

accordance with the prices accepted in the tender and/or the contract rate as

payable to the contractor for the full and entire executing and completion of

(l) “The date for completion” is the date or dates of completion of the work or any

part of the works set out or ascertained in accordance with the individual work

orders and the tender documents or any subsequent agreed amendments

2. CONTRACTOR TO INFORM HIMSELF FULLY:

A. Notwithstanding anything contained to the contrary in the specifications or

tenders in subsequent exchange of correspondence, the conditions of contract

shall be binding on the Contractor and any change or variation expressed or

implied, however made in the said conditions, shall not be valid or operative

unless expressly sanctioned by the Corporation. The Contractor shall be deemed

to have fully informed himself and to have special knowledge of the provisions of

the conditions of the Contract herein contained.

EW- 296 PUR-F-006 RFQ-

B. The contractor shall be deemed to have carefully examined the work and site

conditions, the general conditions, the special conditions, specifications,

schedules and drawing and shall be deemed to have visited the site of the

works and to have fully informed himself regarding the local conditions.

C. If there shall have any doubt as to the meaning of any portion of these general

conditions or special conditions of the scope of work of the specifications or any

other matter concerning the contract, he shall in good time before submitting

his tender, send for the particulars thereof and submit them to the Engineer-

in-charge in writing in order that such doubt may be removed.

3. CONTRACT DRAWING AND SPECIFICATIONS:

 The contractor will be entitled to receive one set of agreement along with one

certified copy of accepted tender.

 The drawings which form part of these specifications show the work to be done

in as much detail as is possible at the present stage. They will be supplemented

by such additional detailed drawings as may be necessary as the work

progresses. The contractor shall perform the work on these features and in

accordance with these additional or revised drawings as the case may be and at

the applicable rates as per the contract.

 The contractor shall check all drawings carefully and shall bring to the notice to

the Engineer-in-charge immediately of any errors or omissions discovered. The

contractor shall not take advantages of errors or omissions of any kind in the

drawings supplied.

4. INPUTS BY GSECL:

The electric power supply and connection for construction / work purpose shall

be given at one mutually agreed point at work site free of cost by the GSECL.

Further extension for construction site as well as bore well site for using

construction water will have to be carried out by the contractor as per

requirement at their cost. The necessary electric charges will be paid by the

contractor as per rates prevailing from time to time in the respective DISCOM.

1. If there are any surplus quarters available after meeting the requirement of

GSECL's staff, then GSECL will consider allotment of quarters on rent as per

GSECL's rule.

2. The contractor will have to make their own arrangement of water for

construction work as well as for their labourers at his own cost. If possible,

water for construction purpose only at one point as decided by EIC and

recovery for water charges shall be affected at the 2 % of the item of which

water is used or by quantity measured by meter reading of water meter

installed by contractor, rate of water supply will be charged at prevailing

purchase rates of GSECL, for water supplied by GSECL is used as certified

by EIC. In case of agency is installing bore well and pumps at his cost, after

completion of work agency will hand over the bore well in good condition

with pumps to the GSECL.

5. DATA TO BE FURNISHED BY CONTRACTOR:

 The contractor shall submit to the Executive Engineer for approval within one

week of the date of contract, a layout plan of construction plant and

equipment for the execution of work which the contractor proposes to

adopt at site.

 Prior to commencement of work, the contractor shall submit to the Executive

Engineer for approval, plans in triplicate showing the location of Major plant

shop and storage buildings, storage yards, offices, contractor's power house

including its services and housing facilities which he proposes to put up at site

and also indicate the programme of the work.

 The successful bidder on receipt of letter of intent will submit within a week's

time his planning/programme of works for scrutiny of GSECL in a PERT/Bar

chart format, clearly indicating GSECL inputs also.

 Contractor will plan his works such that on all the fronts released by GSECL,

simultaneous work should progress in such a way that entire job is completed

in scheduled time limit.

 No change in the approved layout shall be carried out without specific written

approval of the Executive Engineer.

EW- 296 PUR-F-006 RFQ-

6. ERRORS, OMISSIONS AND DISCREPANCIES:

In all cases of errors, omissions, doubts or discrepancies in the dimensions,

or discrepancies in the drawings and items of work in specification, reference

shall be made to the Executive Engineer whose elucidation and elaboration

shall be considered as authoritative. The contractor shall be held responsible

for any error that may occur in the work thorough lack of such reference and

precautions.

7. SECURITY DEPOSIT:

SECURITY DEPOSIT: In tender process for L1 bidder (lowest bidder)

security deposit will be charged as per table below:

Category of the Unit Security Deposit

Works up to Rs. 5 Works More than

Lakh Rs. 5 Lakh

Enterprise or Exempted 3% of Order Value

Organization which are

exempted from paying

Tender Fee & EMD

For all other 5% of Order Value 5% of Order Value

Enterprises

Note: Security Deposit will be collected from the successful tenderer at the rates

mentioned above. This may be recovered by deduction through running bills of

the contractors and / or by treating the Earnest Money Deposit (Bid Security)

paid at the time of submission of the tender.

After issue of Work order and Date of commencement, if successful bidder failed to

start the work then, RPAD notice will be issued to the successful bidder mentioning that

on failing to start the work within next 07 days from the date of issue of RPAD Notice the

EMD will be forfeited and he will not be allowed to participate in the tenders invited from

Gandhinagar TPS office for the period of One year.

The security deposit of the contract value shall be released on finalization of final bill /

successful completion of the work.

All damages, costs, charges, expenses and other sums which may be or may become due

or payable by the contractor to the Corporation under the terms of the contract, may be

deducted from the cash in the proceeds of sale of the securities/bank guarantee so

deposited (which the officer or person to whom the same may be endorsed as aforesaid is

hereby authorized to sell/to encase for that purpose) or from the interest of any such

securities or from any sums due or which may become due to the contractor by the

Corporation or from the whole or the balance unpaid as aforesaid of the encase securities

so deposited being repaid or transferred and returned as the case may be, to the

contractor on finalization of final bill OR after 06 (six) months of successful completion of

the work, whichever later OR on furnishing of the Performance Bond amounting to 5% of

contract value against the defect liability period as mentioned in this document elsewhere.

If entire security deposit is paid in approved form of Bank Guarantee should be remain

valid during the contractual period and such bank Guarantee should not be reduced on

the basis of the work actually done.

8. USE OF LAND:

The land required for office, godowns and for labour camp if not available with GSECL,

then the contractor has to arrange the same at his cost. GSECL will give the land only if

the spare land is available with the following conditions.

The contractor shall be permitted to use for the bonafide purpose of execution of this

contract free of cost. The contractor shall be permitted to use for the bonafide purpose of

execution of this contract free of cost.

1. Site required for the construction of the work.

EW- 296 PUR-F-006 RFQ-

2. Required approach road. The contractor shall make their own arrangements for

the necessary approach, road, for transport of their materials and be responsible for the

compensation on account of damage to crop etc. and shall till completion of work.

3. He will be charged the rent at the annual rate of rupees one hundred per every

acre or part thereof, for the construction of temporary hutments and his store yard.

However area required for such purpose may be clearly indicated in this offer.

 All areas of operation, including those for his staff and labour colonies handed

over to the contractor shall be cleared and handed over back in good condition to the

Engineer except areas under works as per this contract or those for which specific

approval has been obtained from the Engineer. The contractor shall make good to the

satisfaction of the Engineer any damage or alternation made to areas which he has to

hand over back or to other property land handed over to him for purpose of this work.

 Temporary structures may be erected by the contractor for storage sheds,

offices, residence etc. for noncommercial use on the land, handed over to him at his own

expense and with the permission of the Engineer. These structures shall comply with the

regulation that may be in force and/or specified by the Engineer with regard, thereto. In

any circumstances for constructing temporary structures for contractor's use, GSECL's

free supply materials shall not be used. If it is found that GSECL's free supply materials

are used for other than approved project drawings work, same will be recovered at

penalized rate.

 The contractor shall preserve all existing vegetation such as trees on or adjacent to

the sites which do not interfere with the construction as determined by the Engineer.

 The contractors shall take all possible precautions in felling trees authorized for

removal to avoid any unnecessary damage to vegetation and trees not to be felled and

to structures under construction, or to workmen, and shall be responsible for any

damage if it occurs in such operations

 All produce from cutting of trees; grass etc. shall be the property of GSECL and shall

be stocked at the place specified by the Engineer. No claim shall be made for such

cutting and stacking of trees or grass etc. by the contractor

 The contractors shall not unnecessarily or for use as fuel, cut any trees brush wood,

grass or other vegetation nor shall set fire there to without the written permission of the

Engineer. When such permission is given, the contractor shall take necessary measures

to prevent damage or to prevent fire spreading to surrounding property, and shall be

responsible for any such damage, if cause.

 The land shall as herein before mentioned be handed back to Engineer in Charge

immediately after the completion of the work under this contract. Also no land shall be

held by the contractor longer than the Engineer shall deem necessary and the

contractor shall, on due notice by the Engineer, vacate and return the land which the

Engineer may certify as no longer required by the contractor for purpose of the work.

9. START OF WORK:

The contractor shall not enter upon or commence any portion of work except

with the written authority or instructions of the Executive Engineer or his

subordinate in charge of the work, failing such the contractor shall have no

claim to ask for measurement or payment for work and shall be responsible for

any claims or damages that may arise due to such unauthorized

commencement or entry.

10. COMPENSATION FOR THE DELAY:

The time allowed for carrying out the work as entered in the tender shall be

strictly observed by the contractor and shall be reckoned from the date on

which the order to commence work is given to the contractor. The work shall

throughout the stipulated period of contract be proceeded with all due diligence

(time being deemed to be the essence of contract) and for delay, the contractor

shall pay compensation, an amount equal to ½ (half) percent per one week for

the contract amount or part thereof, including taxes & duties ( i.e. End cost of

contract amount including taxes & duties) and maximum up to 10 % of the

order value, including taxes & duties ( i.e. End cost of contract amount

including taxes & duties) or such smaller amount as per the decision of the

Competent Authority of the GSECL The penalty will be invariably deducted

from the bills of the contractor and no refund will be given unless the

competent authority approves the reduction. The reasons for delay, attributable

to GSECL as well as to party will be brought out clearly while putting the

proposal for waiver/reduction in penalty.

EW- 296 PUR-F-006 RFQ-

11. ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

In any case in which under any clause or clauses of this contract the

contractor shall have tendered himself to pay compensation amounting to the

whole of his security deposit (whether paid one sum) or in the case of

abandonment for the work owing to serious illness or death of the contractor or

any other cause, the Executive Engineer on behalf of the Corporation, shall

have powers to adopt (a) below and any of the following courses under (b) and

(c) as he may deem best suited to the interest of the Corporation.

(a) To rescind the contract (for which rescission notice of 10 days) in writing to the

contractor under the hand of the Executive Engineer shall be conclusive

evidence and in that case the security deposit of the contractor shall stand

forfeited and absolutely at the disposal of the Corporation. To employ labour

paid by the Corporation, to supply materials, to carry out the works or any part

of the work debiting the contractor with the cost of the labour and the price of

the materials (as to the correctness of which cost and price, the certificate of the

Executive Engineer shall be final and conclusive against the contractor) and

crediting him with value of the work done in all respects in the same manner

and at the same rates as if it had been carried out by the Contractor under the

terms of this contract and in that case the certificate of the Executive Engineer

as to the value of the work shall be final and conclusive against the contractor.

(b) To order that the work of the contractor be measured up and to take such part

thereof, as shall be unexecuted, out of his hands and to give it to another

contractor to complete, in which case, any expenses, which may be incurred in

excess of the sum, which would have been paid to the original contractor, if the

whole work would have been executed by him (as to the amount of which excess

expenses, the certificate in writing of the Engineer-in-charge shall be final,

conclusive and shall be borne and shall be paid by the original contractors and

shall be deducted from any money due to him by the Corporation under the

contract or otherwise from his security deposit of his proceeds sale thereof or a

sufficient part thereof.

(c) In the event of the above courses being adopted by the Executive Engineer, the

contractor shall have no claim to compensation for any loss sustained by him

by reason of his having purchased or procured any materials or entered into

any engagements or made any advances on account of or with a view to the

execution of the work or the performance of the contract. And in case the

contract shall be rescinded under the provision aforesaid, the contractor shall

not be entitled to recovery or be paid any sum for any works thereof actually

performed by him under this contract unless and until the Executive Engineer

shall have certified in writing the performance of such work and the amount

payable to him in respect thereof and he only be entitled to be paid the amount

so certified.

12. NOTICE UNDER UNSATISFACTORY PROGRESS:

If the progress of a particular portion of the work is unsatisfactory, and also if

as per the opinion/observation of the Executive Engineer (whose decision shall

be final) in charge that the general progress of work is not satisfactory, then

Executive Engineer in charge shall be entitled to take action under clause

(c) after giving the contractor ten days‟ notice in writing and the contractor will

have no claim for compensation for any loss sustained by him owing to such

13. ACTION IN THE CASE OF DEFAULT BY THE CONTRACTOR :

In any case in which any of the powers conferred upon the Executive Engineer

by Clauses 11 and 12 hereof shall have exercisable and the same shall not

have been exercised, the non-exercised thereof shall not constitute a waiver of

any of the conditions hereof and such powers shall not withstanding be

exercisable in any further case of default by the contractor of which, by any

clauses hereof, he is declared liable to pay compensation amounting to the

whole of his security deposit and liability of the contractor for past and future

compensation shall remain unaffected in the event of the Executive Engineer

taking action under sub-clause (a) or (c) of Clause 11, he may if he so desires,

take possession of all or any tools, plants, materials, and stores in so upon the

work or the site thereof belonging to the contractor, or procured by him and

EW- 296 PUR-F-006 RFQ-

intended to be used for the execution of the work of any part thereof paying for

allowing for the same in account at the contract rates, or in the case of a

contract rates not being applicable of current market rates to be certified by the

Executive Engineer whose certificate thereof shall be final. In the alternative,

the Executive Engineer may by notice in writing to contractor or his clerk of

works, foreman or other authorized agent, require him to remove such tools,

plant, materials or stores from the premises within a time to be specified in

such requisition, the decision to the contractor failing to comply with any such

requisition, the decision of the Executive Engineer as to the expense of any

such removal and the amount of the proceed and expense of any such sale, be

final and conclusive against the contractor

14. EXTENSION OF TIME LIMIT

If the contractor shall desire an extension of the time limit for completion of the

work on the ground of his having been unavoidably hindered in its execution or

on any other ground, he shall apply in writing to the Executive Engineer and

the Executive Engineer may, if in his opinion there are reasonable grounds for

granting extension, recommend such extension as he may think necessary or

proper. The decision of the competent authority in this regard shall be final,

and binding to the contractor. Any delay attributed to Corporation, shall be

thus compensated only by way of extending the limit.

15. COMPLETION CERTIFICATE

On completion of the work, the Contractor shall be furnished with Completion

Certificate by the Executive Engineer. No such certificate shall be given nor

shall be the work considered to be completed until works are taken over and/or

duly tested and put to operation as the case may be, nor until the work shall

have been measured by the Engineer-in-Charge or where the measurement

have been taken by his subordinates until they have received the approval of

the Executive Engineer the said measurement being binding and conclusive

against the contractor.

16. EFFECT OF THE CERTIFICATE :

No payment shall be made for any work estimated to cost less than Rs.1,000

till after the whole of said work shall have been completed and a certificate of

completion given. But in the case of works estimated to cost more than

Rs.1,000, contractor shall on submitting a monthly bill thereof, be entitled to

receive payments. Proportionate to the part of the work then approved and

passed by the Engineer-in-Charge, whose certificate of such approval and a

passing of the sum so payable shall be final and conclusive against the

contract. All such intermediate payment shall be regarded as payment by way

of advance against the final payment only and not as payments for work

actually done or completed and shall not preclude the Engineer-in-charge from

requiring bad, unsound, imperfect or unskillful work to be removed and taken

away and reconstructed or re-erected nor shall any such payment be

considered as admission of the due performance of the contract or any part

thereof in any respect of the occurring of the claim nor shall conclude,

determine or effect in any way the powers of the Engineer-in-Charge as to the

final settlement and adjustment of the accounts otherwise or in any other way,

vary or affect the contract. The final bill shall be submitted by the contractor

within one month of the date fixed for completion of work; otherwise the

certificate of the Engineer-in-charge of the measurement and of total amount

certificate of the Engineer-in-charge of the measurement and of total amount

payable for the work shall be final and binding on all parties.

17. PAYMENT TO CONTRACTORS :

The rates for several items of works estimated to cost more than Rs.1,

agreed to within shall be valid only when the item concerned is accepted,

having been completed full, in accordance with the sanctioned specification. In

case, where the items of the work, are not accepted, as so completed, the

Engineer-in-charge, may make payment on account of such items at such

reduced rates, as he may consider reasonable in the preparation of final or

running accounts bills and it will be binding to the contractor.

18. BILLS :

EW- 296 PUR-F-006 RFQ-

The Bill Shall be submitted by the contactor each month on or before the date

fixed by the Engineer-in-charge, for all works, executed in the previous month

and the Engineer-in-charge shall take or cause to be taken the requisite

measurement for the purpose or having the same verified and the claim so far

as it is admissible, shall be adjusted, if possible, within Fifteen days from the

presentation of the bills. If the contractor does not submit the bill, within the

time fixed, as aforesaid, the Engineer-in-charge may depute a subordinate to

measure up the said work in the presence of the contractor or his duly

authorized agent, whose counter signature in the measurement shall be

sufficient warrant and the Engineer-in-charge may prepare a bill from such list

which shall be binding on the contractor in all respects. In case if contractor/

representative does not remain present on specified date for taking

measurement than EIC may take the measurement one sided and the same

shall be binding to the contractor irrespective whether he has signed or not.

19. SUPPLY OF MATERIALS TO CONTRACTOR [APPLICABLE ONLY WHERE

MATERIAL IS TO BE SUPPLIED BY CORPORATION AS MENTIONED IN

SCHEDULE A ]

If the specification of the estimated work provides for use of any special

description of material to be supplied from the Corporation‟s stores or if it is

required that the contractor shall use certain stores to be provided by the

Engineer-in-charge, (such material and stores and the prices to be charged

thereof as hereinafter mentioned being so far as practicable for the convenience

of contractor but not so as in any way to control, the meaning or effect of this

contract specified in the schedule or memorandum hereto annexed). The

contractors shall be supplied with such materials and stores as may be

required from time to time be used by him for the purpose of the contract only

and the value of the full quantity of materials and stores so supplied shall be

set off or deducted from any sum due or thereafter to become due to the

contractor, under the contract or otherwise or from the security deposit or the

proceeds of sale thereof if the deposit is held in government securities the same

or a sufficient portion thereof, shall be sold for the purpose. All materials

supplied to the contractor shall remain the absolute property of the

Corporation and shall on account be removed from the site of work and shall at

all times be open to inspection by the Engineer-in-charge. Any such materials

unused and in perfectly good condition at time of completion or determination

of the contract shall be returned to the Corporation‟s store if the Engineer-in-

charge so requires by notice in writing given under his hand but the contractor

shall not be entitled to return any such materials except with such consent and

he shall have no claim for compensation on account of any such materials

supplied to him as aforesaid but remaining unused by him or for any wastage

in or damaged thereto. The contractor shall be responsible for the loss,

destruction or deterioration of the materials, stores or articles supplied to him

by the Corporation even if such loss, destruction or deterioration has occurred

under any circumstances whatsoever beyond his control as if the materials,

stores or articles so supplied were his property.

20. WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS,

DRAWING, ORDERS ETC.

The contractor shall execute the whole and every part of work in the most

substantial and workman like manner and both as regarding materials and in

every other respect in strict accordance with the specification. The contractor

shall also confirm exactly, fully and faithfully to the designs, drawings and

instructions in writing relating to the work signed by the Engineer-in-charge

and lodged in his office and to which the contractor shall be entitled to have

access for the purpose of inspection at such office, or on the site of the work

during office hours and the contractor shall, if he so requires, be entitled at his

own expense to make or cause to be made copies of the specification and of all

such designs, drawings and instructions as aforesaid.

EW- 296 PUR-F-006 RFQ-

21. ALTERATIONS IN SPECIFICATIONS AND DESIGNS NOT TO INVALIDATE

The Executive Engineer shall have powers to make any alterations, or additions

to the original specification, designs and instructions that may appear to him

to be necessary or advisable during the progress of the work and the contractor

shall be bound to carry out the work in accordance with any instruction in this

connection which may be given to him in writing, signed by the Engineer-in-

charge and such alterations shall not invalidate the contract. Any additional

work which the contractor may be directed to do in the manner above specified

as part of the work shall be carried out by the contractor on same conditions in

all respect on which he agreed to do the main works and at the same rates as

are specified in the tender for the main work.

Where, however, the work is to be executed according to the designs, drawings

and the specifications recommended by the contractor and accepted by the

competent authority, the alteration above referred to shall be within the scope

of such designs, drawings and specifications appended to the tender.

22. RATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE OF

RATE OF THE CORPORATION

If the additional and altered work includes any class of work for which no rate

is specified in this contract, then such class of work shall be carried out at the

rates entered in the Schedule of Rates of the Corporation or at the rate

mutually agreed upon between the Executive Engineer and the Contractor,

whichever are lower. If the additional or altered work for which no rate is

entered in the Schedule of Rates of the Division is ordered to be carried out

before the rates agreed upon then the contractor within seven days of date of

receipt by him of the order to carry out the work should inform the Executive

Engineer for the rate which it is his intention to charge for such class of work

and if the Executive Engineer does not agree to this rate, he shall be noticed in

writing, be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider advisable provided

always that if the rates shall have been determined as lastly herein before

mentioned then in such case he shall only be entitled to be paid in respect of

the work carried out or expenditure incurred by him prior to the date of the

determination of the rate as aforesaid according to such rate or rates as shall

be fixed by the Executive Engineer in the event of disputes, the decision of the

General Manager of the Corporation will be final.

23. EXTENSION OF TIME LIMIT IN CONSEQUENCE OF ADDITION OR

ALTERATION

The time limit for the work shall be extended in the proportion that the

increase in its cost occasioned by alterations or additions bears to the cost of

the original contract work and the certificate of the Engineer-in-charge as to

such proportions shall be conclusive.

24. NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK

TO BE CARRIED OUT

If at any time, after the execution of the contract documents, the Engineer-in-

charge shall, for any reason whatsoever, requires the whole or any part of the

work, as specified in the tender, to be stopped for any period or shall not

require the whole or part of the work to be carried out at all or to be carried out

by the contractor, he shall give notice in writing of the fact to the contractor

who shall thereupon suspend or stop the work totally or partially as the case

may be in any such case, except as provided here under. The contractor shall

have no claim to any payment or compensation whatsoever on account of any

loss in profit or advantage which he might have derived from the execution, of

the work in full but which he did not so derive in consequence of the full

amount of work not having been carried out or on account of any loss that he

may be put to on account of materials purchased or agree to be purchased or

for unemployment of labour recruited by him. He shall not also have any claim

for compensation by reason of any alterations having been made in the original

specification, drawings, designs and instructions which may involve any

curtailment of the work as originally contemplated. Where, however, materials

have already been purchased or agreed to be purchased by the contractor

EW- 296 PUR-F-006 RFQ-

before receipt by him of said notice, the Executive Engineer provided they are

not in excess or requirement and are of approved quality and/or shall be

compensated for the loss, if any, that he may put to in respect of materials

agreed to be purchased by him. The amount of such compensation to be

determined by the Executive Engineer, whose decision shall be final. If the

contractor suffers any loss on account of his having to pay, his labour charges

during the period, during which the stoppage of work has been ordered under

this clause the contractor shall on application be entitled to such compensation

on account of labour charges as the Executive Engineer whose decision shall

be final, may consider reasonable provided that the contractor shall not be

entitled to any compensation on account of labour charges if, in the opinion of

the Executive Engineer, the labour could have been employed by the contractor

elsewhere for the whole or part of the period during which the stoppage of the

work has been ordered as aforesaid.

25. NO CLAIM FOR COMPENSATION ON ACCOUNT OF LOSS DUE TO

DELAY IN SUPPLY OF MATERIALS BY CORPORATION

The contractor shall not be entitled to claim any compensation from

Corporation for the loss suffered by him on account of delay by Corporation in

the supply of materials entered in Schedule A where such delay is caused by:

 Difficulties relating to supply of railway wagons.

 Force Majeure

 Act of God

Any other reasonable cause beyond the control of Corporation, including

shortage of materials to be supplied by the Corporation and difficulties in time

by reaching at the site of any materials equipment.

In the case of such delay in the supply of materials, Corporation shall grant

such extension of time for the completion of the works as shall appear to the

Executive Engineer to be reasonable in accordance with the circumstances of

the case. The decision of the Executive Engineer as to the extension of time

shall be accepted as final by the contractor.

26. TIME LIMIT FOR COMPENSATION CLAIMS

Under no circumstances, whatsoever, shall the contractor be entitled to any

compensation from Corporation on any account unless the contractor has

claimed in writing to the Executive Engineer within one month of the cause

27. ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK

If at any time, before the security deposit is refunded to the contractor, it shall

appear to the Executive Engineer or his subordinate in charge of the work that

any work has been executed with unsound, imperfect or unskillful

workmanship or with materials of inferior quality or that any materials or

articles provided by him for the execution of the work are unsound or of

inferior quality to that contract for or are otherwise not in accordance with the

contract, it shall be lawful for Engineer-in-charge to intimate this fact in writing

to the contractor and then notwithstanding the fact that the work, materials, or

articles complained of, may have been inadvertently passed, certified and paid

for, the contractor shall be bound forthwith to rectify or remove and

reconstruct the work so specified in whole or any part, as the case may require

or if so required shall remove the materials or articles so specified and provided

other suitable materials or articles at his own charge and cost, and in the event

of his failing to do so within a period to be specified by the Engineer-in-charge

in the written intimation aforesaid the contractor shall be liable to pay

compensation at the rate of one percent on the amount of the estimate for

every day not exceeding ten days during which the failure so continues and in

the event of any such failure as aforesaid, the Engineer-in-charge may rectify or

remove or re-execute the work or remove and replace the materials or articles

complained of, as the case may be, at the risk and expense in all respects of

contractor should the Engineer-in-charge consider that any such inferior work

or materials as described above may be accepted, or made use of, it shall be

within his discretion to accept the same as such reduced rates as he may fix

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Provided that in the case of any work of which visible check is not possible if

the Engineer-in-charge or his subordinate in charge of the work feels that such

work has been executed with unsound, imperfect or unskillful workmanship or

with materials of inferior quality, he shall take sample tests at random, cost of

which shall have to be borne by the contractor and if after taking such test part

of such work is found to be defective in any respect or to have been executed

with materials of inferior quality then the contractor shall pay for the whole

work such amount as may be fixed by the office of the Engineer-in-charge on

the basis of the lowest quality of work found by him in such sample tests.

28. WORK TO BE OPENED TO INSPECTION, CONTRACTOR OR

RESPONSIBLE AGENT TO BE PRESENT.

All works under execution or in pursuance of the contract shall at all times be

open to the inspection and supervision of the Executive Engineer and his

subordinate and contractor shall at all times, during the usual working hours

and at all other times at which reasonable

notice of the intention of the Executive Engineer or his subordinate to visit the

works shall have been given to the contractor, during which period either he

should be present to receive order and instruction, or have a responsible agent

duly authorized agent shall be considered to have the same force and effect as

if they had been given to the contractor himself.

29. NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP

The contractor shall give not less than five days‟ notice in writing to the

Executive Engineer or his subordinate in charge of the work, before covering up

or otherwise placing beyond the reach of measurement of any work, in order

that the same may be measured and correct dimensions thereof, taken before

the same is so covered up or placed beyond the reach of measurement and

shall not be covered up or placed beyond the reach of measurement and work

without the consent in writing of Executive Engineer or his Subordinate in

charge of work. If any work shall be covered up or placed beyond the reach

without such notice having been given or consent obtained, the same shall be

uncovered at the contractor‟s expense and in default thereof no payment or

allowance shall be made for such work or for the materials with which the

same was executed.

30. CONTRACTOR’S LIABILITIES

The contractor shall supply, at his own cost, all materials (except such special

materials, if any as may be supplied from the Corporation stored in accordance

with the contract). Plant, tools, appliances, implements, ladders, cordage,

tackle, scaffolding and any temporary works which may be required for the

proper execution of the work, in the original, altered or substituted form and

whether included in the specification and other document forming part of the

contract or referred to in these conditions or not and which may be necessary

for the purpose of satisfying and complying with the requirements of the

Engineer-in-charge as to any matter on which under these conditions, he is

entitled to be satisfied or which he is entitled to require together with carriage

thereof to and from the work. The contractor shall also supply without any

charge the requisite number of persons of setting out works and counting,

weighting and assisting in the measurement of examination at the time and

from time to time of the work or materials, failing this the same may be

provided by the Engineer-in-charge at the expenses of the contractor and the

expenses may be deducted from any money due to the contractor under the

contract or from his security deposit or the proceeds of sale thereof or of a

sufficient portion thereof, the contractor shall provide all necessary fencing and

light required to protect the public from accident and shall also be bound to

bear expenses of defense of every suit, action or other legal proceedings of law

that may be brought by any person for injury sustained. Owing to neglecting of

the above precautions and to pay any damage and cost which may be awarded

in such suit, action or proceedings to any such person or which may with the

consent of the contractor be paid in comprising any claim by any such person.

31. CONTRACTOR LIABLE FOR ALL DAMAGE

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Compensation for all damage done intentionally or unintentionally by

contractor‟s laborer, whether in or beyond the limit of Corporation‟s property,

shall be estimated by the Executive Engineer or such other office as he may

appoint and the estimates of the Executive Engineer, subject to the decision of

the Superintending Engineer, on appeal, shall be final and the contractor shall

be bound to pay the amount of the assessed compensation demand, failing

which, the same will be recovered from the contractor as damages or deducted

by the Engineer-in-charge from any sums that may be due to or become due

from Corporation to the contractor under this contract or otherwise.

The contactor shall bear the expenses of defending any action or other legal

proceeding that may be brought by any person for injury sustained by him

owing to negligence of precautions for prevent the spread of fire and he shall

also pay any damage and cost that may be awarded by the court, if in

consequence

32. RESCISSION OF CONTRACT AND FORFEITURE OF DEPOSIT

The contractor shall not assign or sublet, without the written approval of the

Engineer-in-charge and if the contractor assign, or sublet his contract, or

attempt to do so or become insolvent or commence any proceedings to be

adjudicated as insolvent or make any composition with creditors, attempt to do

so, the Engineer-in-charge may, by notice in writing rescind the contract. Also, if

any bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or

otherwise shall either directly or indirectly be given, promised or offered by the

contractor or any of his servants, or agents, or any person to the employee of the

Corporation in any way relating to his office or indirectly interested in the

contract, the Executive Engineer may, by ten days‟ notice in writing, rescind the

contract. In the event of a contract being rescinded the security deposit of the

contractor shall there upon stand forfeited and be absolutely at the disposal of

the Corporation and the same consequences shall ensure as if the contract has

been rescinded under Clause 11 thereof and in addition the contractor shall not

be entitled to recover or be paid for any work thereof actually performed under

the contract.

33. COMPENSATION

All sums payable by a contractor by way of compensation under any of these

conditions shall be considered as a reasonable compensation to be applied to the

use of Corporation without reference to the actual loss or damage sustained and

whether any damage has not been sustained.

34. CHANGE IN THE CONSTITUTION OF FIRM TO BE NOTIFIED

In case of tender by partners of a Firm, any change in constitution of firm shall

be forthwith notified by the contractor to the Executive Engineer for his

information.

35. WORKS UNDER DIRECTION OF SUPERINTENDING ENGINEER

All works to be executed under the contract shall be executed under the

direction and subject to the approval of Superintending Engineer /Engineer-in-

charge for the time being who shall be entitled to direct at what point or points

and in what manner they are to be commenced and from time to time to be

carried on.

36. DECISION OF SUPERINTENDING ENGINEER TO BE FINAL

Except where otherwise specified in contract and subject to the power delegated

to him by Corporation under the Corporation‟s rules, then in force, the decision

of the Superintending Engineer/EIC for the time being shall be final, conclusive

and binding on all the specifications, designs, drawings and instructions herein

before mentioned and as to the quality of workmanship or material used on or as

to any other question, claim, right matter or thing whatsoever in any way arising

out of or relating to the contract, designs, drawings, specifications, estimates,

instructions, orders or these conditions or otherwise concerning, the works or

the execution or failure to execute the same, whether arising during the progress

of the work or after the completion or abandonment thereof.

37. Dispute Resolution Mechanism: For works contracts and composite

Contracts, the arbitration mechanism shall be governed by the Gujarat Public

Works Contracts Disputes Arbitration Tribunal Act, 1992 as per below details.

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sub clause 37(1) Amicable Settlement : Any dispute, difference, controversy

or claim between the Parties arising out of or relating to this contract with

reference to the construction, interpretation, breach, termination or validity

thereof (hereinafter referred as "the Dispute") shall, upon the written request of

either Party be referred to the authorized representatives of the Disputing

Parties for resolution. The authorized representatives shall promptly meet and

attempt to negotiate in good faith a resolution of the Dispute within thirty days

of the service of the request.

sub clause 37(2) Arbitration : If the Parties fail to amicably resolve the

disputes or differences or contrary claims as indicated herewith in sub clause

(1) of Clause 37 arising under or in connection with the present works

contracts, whether pertaining to works contracts alone or works and

procurement both, the same shall be referred to arbitration under the Gujarat

Public Works Contracts Disputes Arbitration Tribunal Act, 1992."

38. STORES TO BE OBTAINED FROM CORPORATION [APPLICABLE ONLY

WHERE MATERIAL IS TO BE SUPPLIED BY CORPORATION AS MENTIONED

IN SCHEDULE A]

The contractor shall obtain from the Corporation stores, such articles as are

mentioned in schedule “A” which may be required for the work or any part of

the work or in making up any articles required therefore or in connection

therewith, unless he has obtained permission in writing from the Executive

Engineer or obtained such stores and articles from elsewhere. The value of

such stores and articles as may be supplied to the contractor by the Engineer-

in-charge will be debited to the contractor in his account at the rate shown in

the schedule “A” attached to the contract and if they are not entered in said

Schedule, they shall be debited to him at cost price which for the purpose of

this contract shall include cost of carriage and all other expenses whatsoever

which may have to be incurred in obtaining delivery of the same at the stores

aforesaid and further overhead charges 15%.

The Contractor shall be responsible for the loss, destruction or deterioration of

the materials, stores or articles supplied to him by the Corporation, even if

such loss, destruction or deterioration has occurred under any circumstances

whatsoever beyond his control as if the materials, stores or articles so supplied

were his property. The contractor shall be responsible for returning the

residual materials after completion of the contract and it fails to return, the

balance materials supplied to him by the Corporation, the cost of the residual

materials will be recovered from the contractor at the market rate or stock

issue rate whichever be higher at the time of materials account plus 15%.

39. LUMP SUMS IN ESTIMATE

When the estimate on which tender is made, includes lump sums in respect of

parts of the works the contractor shall be entitled to payment in respect of the

items of works involved or the part of the work in question at the same rates as

are payable under this contract or such items or if the part of work in question

is not in the opinion of the Engineer-in-charge capable of measurement the

Engineer-in-charge may at his discretion pay the lump sum amount entered in

the estimate and the certificate in writing of the Engineer shall be final and

conclusive against the contractor with regard to any sum or sums payable to

him under the provision of this clause.

40. LUMP SUM TENDERS

Whenever lump sum tenders have been invited for buildings or other structures

of the same type, design, the contractor shall submit his bill stated in Clause

No. 18 and the Engineer-in-charge not below the rank of work, Executive

Engineer shall certify by general measurement or by other method considered

suitable to him, the value of work done and the contractor shall be paid

monthly a sum equal to 90% of the total value the work so certified, since the

last payment, after deducting a part or whole of the secured advance if not

already paid for the materials utilized on the works. An additional secured

advance for any fresh materials utilized on the works. An additional secured

advance for any fresh materials brought on site will also be paid if certified by

the officer not below the rank of Executive Engineer. After the work is

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completed final bill would be paid on the certification of officer not below the

rank of Executive Engineer, that the work, is done according to drawing and

specifications attached to the tender. If any additions and alterations have been

carried out, detailed measurement in respect thereof shall be recorded and

extra payment or deductions are regulated as per item rates quoted by the

contractor while submitting the tender and if there are any items in the

additions and alterations for which the contractor has not quoted a rate, the

payment shall be as per Clause 39 above

41. ACTION WHERE NO SPECIFICATION

In the case of any class of work for which there is no such specification as is

mentioned, such work shall be carried out in accordance with the PWD and in

the event of there being no PWD specification, the work shall be carried out in

all respects in accordance with the instructions and requirements of the

Engineer-in-charge of the Corporation etc.

42. NO CLAIM FOR VARIATION IN QUANTITIES OR WORK

Quantities shown in the tender are approximate and no claim shall be

entertained for quantities of work actually executed, being either more or less

up to any extent than those entered in the tender or less than those entered in

the tender or estimate.

43. NO CLAIM FOR COMPENSATION FOR DELAY IN STARTING WORK

No compensation shall be allowed for any delay caused into starting of work on

account of acquisition of land and in the case of clearance for works or any

delay in according sanction to estimates.

44. NO CLAIM FOR COMPENSATION FOR DELAY IN EXECUTION OF WORK

No compensation shall be allowed for any delays in execution of the work on

account of water standing in borrow pits or compartment. The rates are

inclusive for hard or cracked soil, excavation in mud, sub-soil water or water

standing in borrow pits and no claim for any extra rate shall be entertained

unless otherwise expressly specified and mentioned in the tender.

45. EMPLOYMENT OF TECHNICAL PERSONS:

The contractor shall keep one full time qualified Civil Engineer at the site, who

shall be fully authorized to receive and comply with such instructions, as given

by the Executive Engineer. The contractor shall intimate the name of such

Engineer with his qualifications and experience. The Executive Engineer shall

have the right to demand the removal of any technical personnel, skilled or

unskilled workmen, who in his opinion are considered to cause bad

workmanship in the execution of works or to cause indiscipline.

46. INDUSTRIAL LABOUR LAWS

Terms and Conditions regarding Labour L a w s

During the entire period of the contract, the Contractor and his Sub-Contractors

shall at all times comply with all applicable labour laws, rules, regulations,

notifications, and bye-laws issued by the Central Government, State Government,

or Local Authorities. This includes all existing laws as well as any amendments or

new notifications that may come into force during the contract period.

The Contractor and his Sub-Contractors shall, at all times abide by the following

Acts/Statutes related to Human Resources:

1. Factories Act, 1948;

2. Contract Labour (Regulation & Abolition) Act, 1970;

3. EPF & MP Act, 1952;

4. Building & Other Construction Workers (Regulation of Employment &

Conditions of Service) Act, 1996;

5. ESI Act, 1948;

6. Minimum Wages Act, 1948;

7. Payment of Wages Act, 1936;

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8. Payment of Bonus Act, 1965;

9. Payment of Gratuity Act, 1972;

10. Workmen‟s Compensation Act, 1923;

11. ID Act, 1947;

12. Maternity Benefit Act, 1961;

13. Inter-State Migrant Workmen (Regulation of Employment & Conditions of

Service) Act, 1979;

14. The Building and Other Construction Workers' Welfare Cess Act,

17. The Carriage by Road Act,

The above list is only indicative and not exhaustive. The Contractor shall remain

fully responsible for ensuring compliance with all other applicable labour and

welfare legislations, rules, and regulations in force during the contract.

The following are some of the major responsibilities of the contractor, in addition to

other obligations prescribed under various labour laws, rules, and regulations

issued by statutory authorities such as the State Government or Government of

India from time to time, which the contractor shall strictly comply with during the

execution of the contract.

1) The Factories Act,

 Age Restriction

The contractor shall not deploy any worker below the age of 18 years or above the

age of 60 years for the awarded work.

 Payment of Earned Leave

Earned Leave shall be paid to all bona fide contract workers as per the provisions

of the Factories Act,

Payment of Earned Leave shall be made monthly together with wages to ensure

better compliance with the law.

 Maintenance of Earned Leave Register

The contractor shall maintain an Earned Leave Register in Form No. 19 as per

the provisions of the said Act and shall submit the same on demand.

 Maintenance of Statutory Records

All written registers, proformas, and statutory documents shall be maintained up

to date and kept ready for inspection at any time, or submitted on time to the

concerned authorities, as applicable under the relevant Acts by the contractor.

2) The Contract Labour (Regulation and Abolition)Act,1970

 Obtainment of Labour Licence

The Contractor/Agency shall obtain the Labour Licence under the Contract

Labour (Regulation & Abolition) Act from the appropriate authorities before

commencement of work.

Validity of Labour Licence

The contractor shall maintain a valid Labour Licence under the Contract Labour

(Regulation and Abolition) Act for employing the required manpower necessary for

execution of the contract.

Engagement of Contract Labour

The contractor shall not be allowed to engage fifty (50) or more contract

labourers, including supervisors and other staff, without initiating the process

of obtaining a Labour Licence under the Contract Labour Act.

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3) Minimum Wages Act,

Contractor shall have to make the payment of wages to the Contract Labours

engaged by them, on or before 7th of every month through nearest Nationalized

Bank compulsory, preferably situated in the premises of TPS area in case of all

works contract. The Contractor shall supply copy of Bank Statement duly stamped

by the Concerned Bank as well as debited entry of amount displayed in the

contractors‟ own bank account as token of proof towards payment of Wages through

CLIM/prevailing system at relevant time. Apart from Payment of wages through

Bank, Contractors shall have to make all other payments like Advances, Bonus,

Leave Encashment etc. to their labours through bank only and cash payment/entry

will not be allowed.

Wages rates for contract laborers are applicable as per the terms and conditions of

the license. The contractor shall have to pay wages to workers as notified by the

Government of Gujarat from time to time.

Any default to pay the minimum wages to the engaged workers and deprived of their

right to minimum wages payment on or before 7th of each month shall be dealt as

per the provision of labour laws. Recurrence of the same may lead to cancellation of

awarded contract.

4) The Provident Fund and Miscellaneous Provisions Act,1952

1. Separate P.F. Code

The contractor must possess a separate P.F. code in the name of the

Firm/Agency/Company itself for the subject work.

2. Coverage Under PF & Pension Schemes

It should be ensured that all the contract labourers engaged by the

contractor are covered under the Provident Fund Scheme and Employee’s

Pension Scheme, and their contributions must be remitted regularly to the

concerned RPFC.

Photocopies of challans along with the ECR in this regard shall be

submitted regularly to the User Department to enable onward billing

clearance.

3. Monthly Submission of PF Deductions

The contractor shall submit, along with his monthly bill, a statement

regarding deductions against the Employee‟s Provident Fund and Family

Pension Scheme in respect of each concerned employee.

4. Rate of Contribution

Provident Fund and Family Pension Scheme contributions at the rate of

12% of wages (or at the rates made applicable by the Government from time

to time) shall be deposited by the contractor with the concerned PF

Authorities.

This includes both the contractor‟s contribution and the workers‟

contribution.

5) Work m en’s Compensation & Employer’s Liabi lity

Insurance.

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Obtainment of Employee Compensation Policy

The contractor shall obtain an Employee Compensation Policy under the

Employees’ Compensation Act before starting the work.

Insurance Coverage for All Workers

Employee Compensation Insurance shall be obtained for all workers engaged for

the execution of the awarded contract.

Insurance in Case of Sub-letting

If any part of the work is sub-letted, the contractor shall ensure that the sub-

contractor obtains and provides Workmen’s Compensation Insurance and

Employer’s Liability Insurance for the labourers engaged by them.

Liability for Compensation and Medical Expenses

The contractor shall be liable to pay compensation in case of any accidental

injury arising out of and in the course of employment, as per the Employees‟

Compensation Act.

The contractor shall also bear all medical expenses resulting from on-duty

accidents.

6) ThePaymentofGratuityAct,1972

For better compliance, contractor shall pay amount of gratuity on a

monthly basis along with the payment of wages, calculated on a pro-rata

basis per month, which is equivalent to 15 days‟ wages for each

completed year of service for every worker. (*applicable to A R C /B R C

works contract only)

7) The Payment of Bonus Act,1965

Entitlement to Bonus

Every worker shall be entitled to receive bonus from the contractor in an

accounting year, in accordance with the provisions of the Payment of Bonus Act.

Monthly Payment for Better Compliance

For better compliance, the contractor shall pay the bonus amount on a monthly

basis along with wages, calculated on a pro-rata basis per month.

Submission of Bonus Details

The contractor shall submit the details of bonus paid to its workers in Form No.

C, as prescribed under the Act, whenever required by the Government Authority

as well as by GSECL.

8) TheMaternityBenefitAct,1961

The contractor shall ensure that all entitled female workers are provided

Maternity Leave and all other applicable benefits as per the provisions of the

Maternity Benefit Act.

9) TheBuildingandotherConstructionWorkers’Act,1996

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For any construction work falling under the definition of Section 2(1)(d),

whether it occurs inside or outside the factory premises, the said Act shall be

applicable, and the contractor or its sub-contractor shall be liable to comply

with all provisions framed there under.

10) The contractor shall give preference to existing or local

contract workers for engagement in the awarded contract and shall

issue appointment orders to each and every workers individually at the

time of their engagement during the period of contract and terminate the

same at the end of the each contract.

Follow the mentioned procedure at each milestone for the

execution of works contract.

11) On Commencement of Contractual Work

1. Before starting the work, the contractor shall contact the Labour Welfare

Officer / Industrial Relations Officer for completing all formalities related

to labour law compliance prior to commencement of the contract, as well as

for ongoing labour law compliance thereafter, so that no dispute arises in

the future regarding adherence to labour laws.

2. It is the responsibility of the contractor to ensure that the contractor‟s

employees maintain strict discipline with respect to security, safe working

methods, and conduct, and that they do not cause any hindrance to the

smooth running of the power station or to the duties performed by GSECL

Any lapse in this regard shall be viewed seriously, and if such lapse is

found, the contract is liable to be terminated.

If any of the contractor‟s staff is found unsuitable or behaves improperly,

the contractor shall remove such worker from the work-site immediately

upon demand by the Engineer-in-Charge (EIC).

Maintaining harmonious industrial relations among contract labourers is

solely the responsibility of the contractor. Any breach of this obligation will

also be viewed seriously.

3. A digital system developed at the request of the agencies working at

the premises of GSECL, is to facilitate them for easy, efficient,

effective management of data, gate passes, attendances, medical

records, Police Verification documents etc related to their employees

/ workers deployed for various works and services against work

order of GSECL.

4. On receipt of LOA and before commencement of work, authorized

representatives of the agency shall login in the CLIMS online portal

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/ prevailing system at relevant time and apply for registration of

their employees / workers uploading all information with required

documents in digital form. Upon completion of due verifications,

clearance by EIC and HR departments, contracting agency will

obtain gate passes. GSECL will only consider documents like wage

sheet duly accepted and signed by individual workers, as per the

engagement/deployment duration/hours of individual worker duly

certified by the agency, being the employer, for the purpose of

payment of bills and HR clearances.

Agency shall be solely responsible for maintaining accurate and up-

to-date data of their workers in the portal/ prevailing system at

relevant time. All statutory compliances under prevailing laws shall

remain the responsibility of the contracting agency. The agency

shall indemnify GSECL against any liabilities arising from non-

compliance of legal provisions or inaccuracies in the data

maintained by them in the digital portal of CLIMS/prevailing system

at relevant time.

5. If the contractor intends to engage labourers beyond the limit specified

under law, the contractor shall obtain the necessary forms as applicable:

 Form No. V under the Contract Labour (Regulation & Abolition) Act, 1970, or

 Form No. VI under the Interstate Migrant Workmen (Regulation of

Employment and Conditions of Service) Act, 1979, for the purpose of

obtaining the Labour Licence from the Licensing Authority.

6. It shall be the duty of the contractor or his supervisor to ensure bio-

metric punching and proper reporting at the designated work

7. The contractor shall employ an adequate number of experienced staff at

the site for daily supervision and for maintaining various registers and

records required under labour laws and the contract.

No payment shall be admissible to the contractor for such supervision.

8. The gate passes obtained for any specific work order shall be valid only for

that particular work order, and the contractor shall not divert the

manpower to any other work order.

If any work or part thereof is desired or required to be sub-let, the

contractor shall obtain the prior written permission of the Engineer-in-

Charge (EIC).

This permission is mandatory for considering the statutory documents of

any agency other than the agency to whom the original work order was

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12) During Contractual Work under the progress:

1. All contractors shall make the payment of wages to the contract labourers

engaged by them on or before the 7th of every month through the

nearest Nationalized Bank, preferably one situated within the power

station premises.

The contractor shall submit a copy of the Bank Statement, duly stamped

by the concerned bank, as proof of wage payment through CLIMS / the

prevailing system at the relevant time.

2. All contractors shall comply with and maintain all statutory documents

and registers as required under the provisions of the Labour Laws and the

3. In case the contractor has more than one contract in the same TPS, the

contractor shall obtain work-order-wise separate gate passes and submit

the same along with the statutory compliance documents, also on a work-

order-wise basis, every month to the User Department to enable onward

billing clearance.

(13) CONTRACTOR TO INDEMNIFY THE GSECL REGARDING

LABOUR LAWS

Indemnification to GSECL

The contractor shall indemnify and keep indemnified the GSECL, and every

member, officer, and employee of GSECL, including the Engineer-in-Charge and

his staff, against all actions, proceedings, claims, demands, costs, and expenses

whatsoever arising out of or in connection with the matters referred to in the

above clauses or elsewhere.

The contractor shall also indemnify GSECL against all actions, claims, demands,

costs, and expenses which may be made against GSECL by any

workman/employee of the contractor or any sub-contractor, or arising from any

liability in any manner towards such workmen/employees under any laws, rules,

or regulations in force, including but not limited to the following:

 Employees‟ Compensation Act,

 Employees‟ Provident Fund Act,

 Contract Labour (Regulation and Abolition) Act,

Liability for Accidents and Injuries

GSECL shall not be liable for, or in respect of, or in consequence of any accident

or injury to any workman or any other person employed by the contractor or his

sub-contractor.

The contractor shall indemnify and keep indemnified GSECL against all such

damages, compensation, claims, demands, proceedings, costs, charges, and

expenses in relation thereto.

Compliance With Labour Laws at Contractor’s Risk and Cost

The contractor shall, at his own expense, risk, and cost, comply with all

applicable labour laws as mentioned above and shall keep GSECL indemnified in

respect thereof.

Right of GSECL to Deduct Payments

GSECL shall be entitled and empowered to directly deduct from the bills payable

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to the contractor or the contractor‟s sub-contractor any sum or sums which

GSECL is required to pay in its capacity as Principal Employer, due to the

contractor‟s default in complying with any provisions of labour laws.

The amount so deducted shall be recovered from the pending dues of the

contractor, along with 15% administrative charges.

Applicability of Rules, Regulations, and Circulars

Any rules, regulations, conditions, circulars, etc., currently in force or framed by

GSECL from time to time in connection with contracts shall be binding on and

acceptable to the contractor.

Additional Liabilities Under Labour Laws

The above are only some of the major liabilities of the contractor. In addition to

these, the contractor shall comply with all other liabilities prescribed under

various labour laws in force from time to time by statutory authorities such as the

State Government or the Government of India.

Authorized Representative

The contractor shall provide the name of the authorized representative, as

required to be submitted to other statutory Government authorities. The same

shall be notified to the Engineer-in-Charge from time to time.

14) Submission of Statutory documents to ensure the compliances:

The contractor shall upload statutory documents, work order-wise, under

Labour Laws and EPF in CLIMS / prevailing system at relevant time.

Required documents shall be u p l o a d e d by the contractor in existing

portal /prevailing system at relevant time invariably each month to

Engineer In-Charge for onward process and smooth clearance by HR

Department.

List of documents required for gate passes of contract

workers through clims/prevailing system

Description of documents attached

1 Copy of Work Order

2 Copy of P. F. Code No.

Insurance Policy as per subject of work order under the Workmen

Compensation Act,1923

Contract agreements/ subletting work contract documents with

approval copy

Copy of Id proof of Aadhar card or Election voting card or driving license

or Passport only

6 Copy of Police Verification in respect of each contract workers

15. The contractor whose work order value is above Rs. 5 lacs shall have

to submit “Declaration cum Indemnity Bond” on Rs. 300/- Non-

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Judicial stamp paper in prescribed Performa (Annexure- “B”) with

Agreement and Indemnity Bond before the commencement of the

Annexure-“B”

D E C LA R A TI O N CU M INDEMNITYBOND

(OnRs.300/-Non Judicial Stamp Paper duly notarized)

DECLARATION CUM INDEMNITY BOND

This Declaration cum Indemnity Bond made at _____________________ (mention

location) by M/s. __________________________________, having its Registered Office

at _________________________________________________________ (hereinafter referred

to as the “Contractor”, which expression shall, unless it be repugnant to the

context or meaning thereof, be deemed to mean and include its assigns,

successors, executors, sub-contractors and/or administrators) of the ONE PART,

In favour of

M/s. Gujarat State Electricity Corporation Limited, having its power station at

_________________ Thermal Power Station (hereinafter referred to as the

“Company”, which expression shall, unless it be repugnant to the context or

meaning thereof, be deemed to mean and include its assigns and successors) of

the OTHER PART.

The Company has entered into a contract with the Contractor for the work of

“________________________________________________” under Order No.

__________________ dated __________________ (hereinafter called the “Contract”);

AND WHEREAS,

It is one of the essential conditions of the Contract that the Contractor shall

comply with all the provisions of the Labour and Industrial Laws, as may be

applicable from time to time, for the discharge and completion of the works and

services covered under the Contract, including but not limited to:

 Contract Labour (Regulation & Abolition) Act,

 Child Labour (Prohibition and Regulation) Act,

 Employees‟ Provident Funds & Miscellaneous Provisions Act,

 Employees' State Insurance Act,

 Minimum Wages Act,

 Payment of Bonus Act,

 Payment of Wages Act,

 Employees‟ Compensation Act,

 Factories Act,

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and all other Labour Laws, Rules, Notifications, and Codes presently applicable to

the Contractor or that may become applicable during the tenure of the Contract

(hereinafter collectively referred to as the “Laws”)

AND WHEREAS the Contractor has agreed to execute this Declaration-cum-Indemnity

Bond to this effect and has further agreed to indemnify the Company, its Directors,

Officers, employees, and representatives, and keep them indemnified and harmless

against all third-party claims, charges, penalties, fines, expenses, losses, damages,

costs, suits or any other levy that may arise against the Company and/or its

management due to the failure of the Contractor to observe or comply with all

applicable laws.

NOW THIS DEED WI TN ES S ET H AS UNDER

1. The Contractor hereby declares that all acts, deeds, actions, activities, conduct,

lapses, delays, misdeeds, faults, breaches, inactions, etc., done by its assigns,

successors, executors, subcontractors and/or administrators shall be construed

as having been done by the Contractor, and the Contractor alone shall be liable

for all such acts, omissions, defaults, or failures.

2. In consideration of the Company awarding the Contract to the Contractor,

subject to the condition of execution of this Declaration-cum-Indemnity Bond,

the Contractor hereby declares and represents to the Company that it has

obtained all statutory registrations, certificates, licenses, and approvals

required under the applicable laws, enabling the Contractor to execute the

Contract in a legal and lawful manner.

3. That in the event of any liability arising out of the non-compliance of any

applicable laws of the land by the Contractor in connection with the performance

of the Contract, the Contractor shall bear all the resultant liabilities whatsoever,

if any. The Company, its Directors, Officers, employees, and representatives shall

not be liable for any such liability (ies).

The Contractor undertakes to indemnify, defend, and keep the Company and its

Directors, Officers, employees, and representatives indemnified and harmless

against all losses, costs, damages, claims, penalties, interest, expenses, demands,

fines, legal liabilities, causes of action, injuries to persons, suits, etc., which may

be suffered, incurred, undergone, and/or sustained by the Company, including

the costs and expenses that may be incurred in defending any such liability(ies),

claim(s), or proceeding(s) that may be made, taken, or arise thereon by any

person, body, authority, Government, or judicial/quasi-judicial authority, due to

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the failure or non-compliance of any such laws and rules there under (including

any amendments to applicable Acts, laws, statutes, and rules).

This indemnity shall apply irrespective of whether such acts or omissions are

actual or alleged, active or passive, and shall extend to all matters arising out of

or in any way connected with the discharge of the said Contract.

4. The Contractor further declares that, in the event of any suit, claim, right,

damages, compensation, fine, levy, charges, expenses, losses, penalties, or costs

raised by any third party, including the contract labour engaged by the

Contractor, he shall join such proceedings before the concerned Court, Tribunal,

or Authority and shall effectively defend the same.

5. The Contractor hereby agrees and undertakes to make good any loss, damage,

claim, suit, demand, decree, or expenses that the Company may suffer, to the fullest

satisfaction of the Company. In the event the Contractor fails to make good the same,

the Company shall have the absolute right to recover such loss and/or any other

consequential loss sustained, without any restriction or limitation, together with any

incidental expenses, costs, and all related logistic expenses that may be incurred by

the Company, from the Contractor.

The Contractor further confirms and declares that this Declaration-cum-Indemnity

Bond is irrevocable and shall be final and binding upon him, his heirs, executors,

administrators, legal representatives, successors, subcontractors, and assigns,

wherever applicable.

Any claims or demands arising against the Contractor shall be adjusted against any

amount due and payable to the Contractor, and the Company shall have the right to

withhold any such amounts until the settlement of all claims, disputes, or obligations

towards the discharge of such liabilities.

6. This Declaration-cum-Indemnity Bond shall be governed by and construed in

accordance with the laws of India. Any dispute between the parties arising out of or

in connection with this Declaration-cum-Indemnity Bond shall be resolved through

the dispute resolution process prescribed in the General Conditions of the Contract

IN WITNESS WHEREOF, the Contractor has hereunto set their hand on the day,

month and year first written above.

SIGNED, SEALED AND DELIVERED

By the within-named “CONTRACTOR”

(Authorized Signatory)

Rubber Stamp of Firm/Company

Full Name:

Designation:

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In the presence of Witnesses:

1. Full Name:

Residential Address:

Contact No.:

Signature:

2. Full Name:

Residential Address:

Contact No.:

Signature:

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On Non-Judicial Stamp Paper of Rs.

To be submitted with NOTORIZED at the time of final bill

UNDERTAKING FOR LABOUR LAW COMPLIANCES

I, Proprietor / Owner / Partner /

Authorized Agent of M/s. do hereby declare and undertake

1. That in capacity of independent contractor for M/s.

(Sub-Contractor of M/s. ) worked as

Contractor at GSECL, GTPS Thermal Power Station for the nature of work

against Work

Order No. Dt. ., I have

complied with the provisions of all laws as applicable. I have paid the wages for the

month/s of my contractual period which is/are not less than the minimum rates as

applicable, to all my employee/s and no other dues are payable to my employee/s.

2. That I have covered all the eligible employee/s under the Employees‟ Provident

Funds and Miscellaneous Provisions Act, 1952 and deposited the contributions

under my P.F. Code No. Place: for the month/s

of my contractual period and as such no amount towards contributions whatever is

3. I further declare and undertake that in case any liability pertaining to any of my

worker, labour, employee/s is/are to be discharged by the Principal Employer i.e.

Gujarat State Electricity Corporation Limited, GTPS due to my lapse, I undertake to

reimburse the same or the Principal Employer is authorized to deduct the same

from my dues as payable.

4. I further declare and undertake the legal consequences which may arise in future

under the said work awarded, and I bound myself to resolve the same at the risk

and cost of M/s.

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47. MATTERS RELATED TO EXECUTION OF WORK:

a) Work shall commence from the date given in letter to commence the work by

EIC at site. The Contractor shall make all necessary arrangements at site to

mobilize labour, operators, divers and materials and maintain necessary

number of machinery and equipment, barge, pontoons etc., to guarantee the

agreed rate of progress of work as per schedule.

b) A detailed work schedule showing how he proposes to carry out the work,

specifically mentioning time periods as well as date of commencement and

completion of each activity and such approved schedules must be strictly

adhered to by the CONTRACTOR. After the owner has agreed with the

schedule, the Contractor shall prepare detailed program of each work

front/activity breaking it down giving daily quantifiable/measure of progress.

The schedules are to be reviewed periodically with the OWNER / ENGINEER

to ensure that the completion date will be met or to institute corrective steps

(at no extra cost to the ENGINEER) to adhere to the completion dates. The

OWNER reserves the right to revise the schedule at his discretion in order to

keep up to the completion date and to suit the project requirement and such

alterations shall not entitle the CONTRACTOR to any extra payment.

c) A work schedule with PERT / Bar Chart for carrying out the work in

prescribed time limit mentioning date of commencement, activity to be

carried with its time period, starting & finishing event for each activity,

completion of total project in critical path etc, shall be jointly fixed and

approved by the GSECL. Such approved schedules must be strictly adhered

by the Contractor.

d) After the GSECL has agreed with the schedule, the Contractor shall prepare

detailed program of each work front / activity breaking it down to daily

quantifiable measure of progress. The schedules are to be reviewed

periodically with the Owner / E.I.C to ensure that the completion date will be

met or to institute corrective steps (at no extra cost to the GSECL) to adhere

to the completion dates. The Owner reserves the right to revise the schedule

at his discretion in order to keep up to the completion date and to suit the

project requirement and such alterations shall not entitle the Contractor to

any extra payment.

e) The GSECL reserves the right to delete any item of schedule-B for which

contractor shall not have any right to claim on this account.

f) One permanent reference bench mark and a reference base line shall be given

for lay out of work, which shall be maintained without disturbance by the

CONTRACTOR during the tenure of the contract. CONTRACTOR shall

establish local bench marks as directed by the ENGINEER IN CHARGE.

g) The contract or any part thereof shall not be subject to change without the

written permission of the Chief Engineer (Gen.) GSECL, GANDHINAGAR

TPS or his authorized representatives.

h) During the execution of the work if it is found that the work is not

progressing as per the scheduled program approved by the GSECL & planned

by the contractor, due to the reasons attributable to the contractor, suitable

action shall be taken as per Clauses in this tender elsewhere & other relevant

clauses appearing in the section of “Terms & condition of tender & works

contract, Legal conditions of works contract” of tender document. And the

GSECL may also take such action as it may deem fit to ensure that the work

is completed in time at Risk and Cost of the contractor.

i) Contractor shall attend meetings at EIC's office at site or any other place as

fixed by the EIC, as and when required for review, discussion, coordination

etc. Attending these meetings shall be obligatory on the part of the

Contractor, at no cost to the GSECL.

j) The Contractor shall take all requisite & necessary care to observe that no

damage is caused to the existing, pumps, existing works, service road, or any

other structure etc. For any damage to the existing structures of the GSECL,

the Contractor shall be held responsible and he will have to rectify the

damage immediately up to the satisfaction of Engineer in Charge, at his own

k) The work shall be completed within the period stipulated in the contract. &

site clearance arranged according to the progress of work at site. Therefore,

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the contractor has to organize & coordinate the work to suit these

circumstantial conditions. In the event of any delay due to the above or due

to any other reason not attributable to the contractor, reasonable extension

in completing the work may be given at the discretion and as decided by the

GSECL but no compensation or idle charges will be payable to the contractor

on this account or any site conditions under any circumstances.

l) No idle charges shall be entertained by GSECL for any site condition or any

circumstances. The corporation will not pay any type of advances including

mobilization advance

48. RECOVERIES:

a) In case of any damage to equipment / machinery or structure / building of

GSECL or any public property due to negligence of contractor or any other

reasons attributed to contractor, the decision of E.I.C. regarding the amount

of recovery shall be final.

b) If the contractor fails to execute the work as per direction of E.I.C. within the

time frame given, the GSECL shall get the work done through any other

contractor at the risk and cost of the contractor and the cost of execution of

such work along with 15% overhead charges shall be deducted from

contractor‟s monthly bill over and above recovery as per rules.

c) Recoveries due from the contractor, up to the end of the month previous to

the one in which the bill is prepared shall be made from bills approved for

payment every month or at other periods when the bills are prepared, for

the various items in the following order of priorities and extents.

d) Deduction on account of security deposit in full together with shortage, if

any, to be made good.

e) Penalty in full, if levied.

f) Expenditure, if any, incurred by the Corporation on Contractor‟s behalf in

labour or materials in full.

g) Charges for services such as water and power supply etc. in full.

h) Charge on account of supply of materials like cement and steel in case of

shortages found in balance or excess consumption than specified.

i) Hire charges for Corporation or Government machinery if any.

j) Recoveries of advance and secured payment or payments for preliminary

work in full or the installment due if and as the same as may have been

k) Rent recovery on account of allotting quarters on rent as per Corporation‟s

l) Income tax and sales tax in full as per Government rules.

m) Outstanding recoveries in respect of other contracts awarded by the

Corporation if any.

n) Other recoveries. (If any)

49. WORK TO BE EXECUTED TO THE SATISFACTION OF THE ENGINEER

-IN-CHARGE:

The contractor shall proceed with the work with diligence and expedition

and the whole of the work herein specified as well as the mode of

execution shall be under the supervision and direction and shall be

carried on to the entire satisfaction of the Engineer-in-charge, who shall

have full power to order the contractor to alter, enlarge or diminish the

form, dimensions, positions, or quantities of any of the work or to make use

of material and workman-ship of different descriptions and qualities from

this herein specified.

The whole of the works, together with any temporary works, associated

therewith, shall be carried on in the most substantial proper and mannered

workman like manner, with the best materials and workmanship and to

the entire satisfaction of the Engineer-in-charge and in such order of time

as he may direct. The contractor shall attend to and execute without delay

all orders and instruction which may from time to time be issued by the

Engineer-in-charge.

50. MATERIALS WORKMANSHIP etc.:

The work shall be executed in thoroughly substantial manner with material

and workmanship of best quality and strictly in accordance with the

specifications and with the drawings, or with such other drawings or written

instruction as may from time to time be furnished to the contractor, in

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accordance with terms of this contract and shall be completed in every

respect with all materials and workmanship implied and necessary according

to the fair interpretation and meaning of the same and should there be any

discrepancy between the drawings and specifications or any difference or

disputes as to the dimensions to be worked to or the quality of the materials

to be used, or the mode of doing periodical quantity of the work to be

executed or with respect to any subject arising out of this contract, the

decision of the Engineer-in-charge shall be final and binding on all parties.

Rejected material shall be so disposed off as to obviate any possibility of their

use on works. The place, method and period of disposal shall be as directed

by the Engineer-in-charge.

51. SAMPLES OF DESCRIPTIVE DATE:

Samples of descriptive date, requiring approval, shall be submitted by

contractor to the Engineer-in-charge in good time before the use of such

material for inspection and permission of testing if required. The samples

shall be properly marked to show the name of the material, manufacture,

place of origin, and place where to be used etc. Failure of any sample to

pass specified tests will be sufficient cause for the refusal to consider any

further sample from the same source.

52. FENCING AND LIGHTING AND VENTILATION

Except as herein after provided, the contractor shall unless otherwise

specified, be responsible for the proper fencing, guarding, lighting and

taking of the necessary safety measures for all works comprised in the

contract and or the proper provision of temporary roadway, footways,

guards fences, caution notices etc. as far as the same may be rendered

necessary by reasons for the work for the accommodation and protection of

workman foot passenger or other traffic and of the owners and occupiers of

adjacent property and of the public and shall remain responsible for

any accidents that may occur on account of his failure to take proper

and timely precautions.

All the arrangements made for fencing, lighting and ventilation shall be

maintained by the contractor throughout the tendency of the contract

till physical taking over of the work by the department.

53. LIABILITY FOR DAMAGE TO WORKS OR PLANTS

 The contractor shall during, the progress of the work, properly cover up

and protect the work, and plant, and materials placed at his disposal or

acquired for him by the Corporation, from injury by exposure to the

weather, or any cause what so ever and shall take every reasonable proper

timely and useful precaution against accident or injury to the same from

any cause and shall be and remain answerable and liable for all accidents, or

injuries thereto which until the same be or be deemed to be, taken over by

the Corporation, may arise or be occasioned by the acts or omissions of the

contractor or his workmen of sub-contractors, and all losses and damages

to the works or such plant or material arising from such accidents or

injuries as aforesaid shall be made good in the most complete and substantial

manner by and at the sole cost of the contractor and to the reasonable

satisfaction of the Engineer-in-charge. If the contractor fails to make good

such losses & damages within the time given by the Engineer-in-charge, the

Corporation shall be at liberty to recover the amount fixed by the Engineer-in-

charge for such losses or damages or any part thereof by deducting it from any

sum due by the Corporation to the contractor under this contract or otherwise.

 Further the contractor shall, at all time, protect and preserve all materials,

plant and equipment that he may himself have procured for the execution of

the work. All reasonable requests of the Engineer-in-charge to enclose or

especially protect any of the above shall be expeditiously compiled with.

 If the Engineer-in-charge considers that the work or materials or plant is not

sufficiently protected by the contractor, he shall be entitled to arrange for

such protection at his unfettered discretion and recover the cost thereof from

the contractor.

 Until the work shall be or be deemed to be taken, over as aforesaid, the

contractor shall also be liable for and shall be deemed to have indemnified the

Corporation in respect of all damage or injury to any person or any property of

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the Corporation or of others, occasioned by the negligence of the contractor or

his workmen, or his sub-contractor, or by defective design, work or

materials.

54.EXPLOSIVE PROCUREMENT AND STORAGE (IF APPLICABLE)

i) Explosives, petrol, oils, fuels and other inflammable materials shall be stored

strictly in accordance with the rule of the Explosive Department.

ii) The contractor shall at his own expense construct and maintain, proper

magazines which are required for the storage of explosive and arrange for

proper storage facilities for oils, fuels etc. for use in connection with the work.

iii) The contractor shall at his own expense obtain such license or licenses as

may be necessary for strong and using explosives, oils, fuels etc. The

department shall not take any responsibility whatsoever in connection with the

storage or use of explosives on the site, or any accident or occurrence

whatsoever in connection therewith. All operation of the contractor in which or

for which Explosives are employed shall be at risk of contractor and upon his

own responsibility.

55. MATERIALS TOOLS AND PLANT BROUGHT ON THE SITE OF WORK

All materials, tools and tackle of the contractor brought to and delivered

upon the site for the purpose of the work shall from the time of their being

so brought shall be deemed to be the property of the Corporation in its

possession to be used for the purpose of the work and for that purpose only

and shall not on any account be removed or taken away by the contractor

or any other person without the written permission of the Engineer-in-charge

but the contractor shall nevertheless be solely liable and responsible for

and loss destruction thereof or damage thereto. The Corporation shall have

a lien on such materials, tools and tackle for any sum of sums which may at

any time prior to the completion of the works be due or owing to the

Corporation by the contractor, under in respect of and dispose of any such

materials, tools and tackle in such manner as the Corporation may think fit

and to apply the proceeding in or towards the satisfaction of such sum or

sums so due or owing as aforesaid but subject to such lien and power of

sale and disposal such surplus materials, tools and tackle shall belong to the

contractor and may be removed and disposed off by him as he may think fit.

56. ACCESS TO SITE AND WORK ON SITE

The Engineer-in-charge or his authorized representative may if he consider

fit from time to time enter upon any lands which may be in the

possession of the contractor under this contract, for the purpose of

executing any work not included in this contract and may execute such

work not included in this contract by agents, or by other contractors at his

option and the contractor shall in accordance with the requirements of

the Engineer-in-charge, afford all reasonable facilities for execution of the

works including occupation of lands by structure or otherwise for any

other contractor employed by the Corporation and his workmen or for the

workmen of the Corporation who may be employed in the execution on or

near the site of the work not included in the contractor‟s any contract in

connection with or ancillary to the works and in default, the contractor shall

be liable to the Corporation for any delay or expense incurred by reason of

such default. Provided always that if the exercise of those power shall cause

any damage to the contractor he may within fifteen days of such damage

arising make a statement of the same to the Engineer-in-charge who shall

from time to time assess the value in his Judgment of such damage and the

Corporation shall from time to time shall pay to the contractor the amounts

(if any accepted as justified) by the Engineer-in-charge. The contractor shall

not however, on account of any such modified, new or extra work executed

by or for the same of the Corporation be entitled to claim relief from the

obligation to execute other works.

57. INSPECTION OF WORKS

The Engineer-in-charge or his duly authorized agent shall have at all time

full power to inspect the works, wherever in progress, either on the site, on

the contractor's premises or at the premises wherever situated, of any firm or

Corporation where work in connection with this contract may be in hand.

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Further, the contractor shall not allow, without written authorization permit

entry on site of work, any person except authorized agents of the Corporation

of the Engineer-in-charge or the contractor's staff and labour directly

engaged on and in connection with the work.

The contractor shall, during working hours, maintain supervisors having

sufficient training and experience to supervise the various items and

operations of the work and the said supervisors shall remain present during

the inspections of the Engineer-in-charge. All orders and directions given to

such supervisors or other staff of the contractor shall be deemed to have

been given to contractor. Further the Engineer-in-charge may be due notice,

desire a higher ranking members of the supervisory staff of the contractor to

be present on any specified inspection and the contractor shall comply with

such direction.

58. CLEANING UP

 The contractor shall at all times keep the construction area and his power

house and storage areas free from accumulation of waste, or rejected

materials.

 Prior to the completion of the work the contractor shall remove all rubbish

from and about the premises, and all tools, scaffolding, equipment and

materials which are not part of permanent structure. The premise will be left in

a manner fully satisfactory to the Engineer-in-charge, thereafter only the

completion certificate will be issued.

59. CONTRACTOR TO KEEP INVENTORY OF MATERIALS etc.

The contractor shall prepare and maintain an inventory of all materials

temporary rolling stock, plant purchased or hired for use of employment or

for any of the purposed for this contract and such inventory or a copy thereof

shall at all times be available for inspection by the Engineer-in-charge. A

complete and up to date copy of the inventory shall be submitted to the

Engineer-in-charge in the beginning and once a year; thereafter changes in

the interim period, if any shall be communicated on every three months.

60. CONTRACTOR TO RESTORE PLANT

Upon completion of the work, the contractor shall deliver to the Corporation,

all appliances, materials, and plants which may have been loaned or hired

to him by the Corporation and make good all damages which may have

occurred to them, except such as shall be caused by fair wear and tear in